Let's do a little mental experiment.
Let's say the USA was invaded by Cuba for harboring known terrorist Luis Posada Carriles. Many American civilians were killed.
Along with US army, private security contractors, militias, and regular armed citizens join in the popular resistance against the occupiers. Now lets say one of those killed a member of the invading Cuban army. Would that person deserve to be taken to a secretive prison, charged with murder, and potentially receive the death penalty?
What if this American was a teenager: 14 or 15 years old?
15 year old Omar Khadr (actually a Canadian Citizen) was arrested in 2002 because he threw a grenade which caused injury leading to death. He has been in Guantanamo since.
Now, nearly 5 years later he is being formally charged with murder. Originally the process was ruled illegal by the US Supreme Court, and the charges were thrown out, but the law was conveniently changed by Congress.
The message being sent? This is what happens when you resist the great military imperialist juggernaut that is the USA. Resistance is futile. It will not be tolerated.
The truth? The invasion and occupation of Afghanistan is the crime. Resisting is not.
Oh yeah, and why do we understand that child soldiers in Africa are victims, who are traumatized and need treatment, while Middle Eastern children are not given the same consideration? Oh silly me. I know why: because of who they kill. If a child soldier kills one us they are evil. If they only kill other Africans we get that it isn't their fault. Read A Child in War: Detaining Omar Khadr Violates Our Moral and Legal Principles
UPDATE MAY 2, 2007
Read this excellent post, and the scary comments that follow
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