He added, "The conduct with which he is charged - defending against an attack by American soldiers - is not a crime under the laws of war. Prosecution an individual for conduct that was not a legal violation at the time of its commission is, itself, a war crime in international law, as well as a violation of the U.S. Constitution."
Canada's Prime Minister, Stephen Harper, has steadfastly refused to intervene in the Kadr case, and has declined to seek extradition to Canada while legal proceedings were on-going. However, Rona told IPS that Canada and the U.S. are now reported to be discussing Khadr's possible repatriation to Canada. "Whether this will happen and if so, under what conditions, is uncertain," he said.
According to recent reliable polling, 64 per cent the Canadian people have expressed the desire to have Kadr returned to Canada, and international and domestic organizations such as Amnesty International and the Canadian Bar Association have pressed the Conservative minority government to bring Kadr home.
Rona told us, "The issue of Child Soldiers is notable mainly when Western societies take umbrage about the recruitment of adolescents to fight in civil wars. The outrage curiously subsides when the child is one of our own, 'recruited' in this case by his father, a notorious Al-Qaeda sympathizer. Prime Minister Harper, however, appears deaf to the entreaties of UNICEF and other advocates for children."
He added, "As Americans contemplate a decade of abuse of their Constitution and increasingly urge that Mr. Bush and his associates be held accountable for their illegal actions at home and abroad, Canadians should also hold Mr. Harper accountable for trampling on the rights of one of his fellow-citizens."
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