Still, a fighter killing another fighter during warfare is not the act of a “terrorist.” It may be brutal and it may be tragic, but it is the act of a soldier. That soldier, if captured, is not a criminal, but a POW. Moreover, if he is a child, the Geneva Conventions and the subsequent protocol mentioned above, require that he be treated not as a POW but as a victim of war.
Bush and Cheney don’t want to admit that the people fighting US forces in Afghanistan are legitimate soldiers, entitled to protection under the rules of war. They want us to believe that anyone who takes up a gun in defense of their homeland or of the homeland of their allies, and fights against the US military forces that are spread all over the globe like Roman Legions of old, are “terrorists,” deserving of whatever fate we hand them, by whatever rules we want to gin up.
But it’s worth remembering that this particular “terrorist,” at the time of his “crime,” was simply a scared and badly-wounded 15-year-old kid who had the balls to toss a grenade at well-armed soldiers on a search-and-destroy mission.
In an interesting twist that further highlights the absurdity of calling a 15-year-old a hardened terrorist, Speer's widow, Tabitha, and another soldier who lost an eye in the grenade blast, sued not Khadr, but his father's estate, claiming that his "failure to control his son" had been the proximate cause of their losses. A federal district judge, in February 2006, awarded the two $102.6 million in damages. In other words, the court concluded Khadr wasn't responsible for his actions; his father was. And yet the US is prosecuting Omar Khadr for being a terrorist.
The Bush/Cheney administration’s incarceration and prosecution of this boy was a war crime. His continued incarceration and the attempt to prosecute him as a terrorist today makes a mockery of America’s motto: Home of the Brave.
We should all be ashamed.
_____________DAVE LINDORFF is a Philadelphia-based journalist and columnist. His latest book is “The Case for Impeachment (St. Martin’s Press, 2006 and now available in paperback). His work is available at www.thiscantbehappening.net
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