Looks like we see eye to eye on this. On the age issue, it is the local culture that should dictate the terms... If boys are considered men at a certain age in Afghanistan (or wherever else), then that should be the standard.
Agree.
As far as Khadr being manipulated, I understand that he has an older brother in Canada that elected not to follow in dear old dad's terrorist footsteps.... No one can tell me that he was manipulated or had no choice.
Good point!
Except many kids vote the same way there parents do.
When they get older that tends to change a bit.
Often, kids are a result on how they are brought up.
Messy....but still a fact.
I'm going to agree here, but you are not stupid and I believe that you, even at the tender age of 13, could differentiate right from wrong.
He wasn't raised in a vacuum, he was exposed to Canadian values. Even as I was raised in relative seclusion, and fed a healthy dose of anti white propaganda by friends and family. Topped off with the reality of the racism I faced personally as well as witnessed as a child from non Natives. I still knew it was wrong to kill for cultural, religious or any other divide.
At some point in time, one must face his own actions and realise his own accountability.
That is no surprise to me at all. People as closed minded as yourself can very seldom be told anything.
Pot...meet kettle...;-)
I see that you and your fellow blood letter have conveniently ignored the new facts that have been seeping out over the last few years concerning the case the americans have against Khadr. Things like one of their eye witnesses now recanting that he saw Khadr throw the grenade. Now stating that it was thrown by an adult that was killed by the seals. Now stating that Khadr was cowering behind a pile of rubble without a weapon...... but I know..... all this is inconsequential to the "bigger picture" .... right?
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He was 15....excuse enough for me.
I can respect that, as I respect Gh's feelings about taking a life.
Plus he hasn't even been convicted of doing anything wrong and given recent illuminations on his case he didn't.
This is true, but given the over all material available on this case, ie his past declarations, his family's beliefs and his very presence in a Taliban compound. I'd have to say he was there as a combatant.
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Didn't realize that "being a foreigner" was against anyones laws.
It is, and in the not so distant past, was punishable by summary execution.
was he? this has been proven?
again, this has been proven?
same as above.
Doesn't apply under the UCMJ, in a combat theater. As I have pointed out on this board many times.
actually, when he "aligned himself" with this organization, they were not considered terrorists by the Afghan government.
Actually that's not true. He entered Afghanistan illegally, from Waziristan, in the north of Pakistan, where he oft had to disguise himself to avoid being detained by Pakistani forces. He personally chose to live in a home with other boys, away from his family and partook in weapons training with Al Qaeda forces voluntarily.
The decisions of the lower courts are irrelevnt, because they were overturned by the Supreme Court.......so that is the ONLY decision, as far as the law is concerned.
The Court indeed did conclude his rights had been violated.....but only by the fact Canadians interogated him without giving him full benefit of his legal protections under Canadian law........they did NOT say his rights under the Charter were violated by Canada not seeking his release......correctly deciding that would be delving into foreign affairs, which is simply not their jurisdiction.
Therefore, the gov't is NOT violating the Charter..........simple as that.
That said, I think the gov't should quietly seek his release, then sneak him back into Canada to avoid the inevitable sign-waving morons giving him a hero's welcome at the airport....I have some sympathy with the depiction of him as a child soldier......and the Americans ARE denying him his rights under their Constitution.......
This is true, but he is not afforded rights under the USC, because he did not commit a crime on US soil.
The whole legal conundrum stems from the fact that he was captured in a foriegn country, un uniformed, in a combat role. In past wars he would have been summarily executed. Not being afforded rights under the UCMJ, nor the USC. As is customary for such personnel.
Had he been uniformed, he would have been afforded all rights and privileges under the International treaty regarding POW's.
And again, because he wasn't dealt with as would have been done in the past, we find ourselves in a sticky situation.
So do we bring home someone that is an enemy to our nation, our culture and our very existence?
Hell no!!!
He made his choices, independent of his family and under no influence, but his own.
This "Khadr" is a Canadian. Bring him back to Canada and have a trial with the charge of "High Treason."
He was born here, exposed to or culture for a limited time and then left. He is a Canadian by birth alone.
Get it over and done with, sentence
him to Life (& Life doesn't have to mean 25yrs), as is outlined in section 46 of the Criminal Code of Canada. The shoe fits.
"High treason
(1) Every one commits high treason who, in Canada,
(a) kills or attempts to kill Her Majesty, or does her any bodily harm tending to death or destruction, maims or wounds her, or imprisons or restrains her;
(b) levies war against Canada or does any act preparatory thereto; or
(c) assists an enemy at war with Canada, or any armed forces against whom Canadian Forces are engaged in hostilities, whether or not a state of war exists between Canada and the country whose forces they are.
(It is also illegal for a Canadian citizen to do any of the above outside Canada.)
See below...
none of the above applies....but nice try. See what I hgilighted in red.... Canada needs to update the law if they want to try anyone under that section.
Unfortunately you're right Gh. Hence the confusion, as to what to do with this poor wafe...
.....oh yes.....Thank You Gerryh as I missed that. How would the Forces Omar had aligned himself with be defined?
Un uniformed spies. Subject to summary execution, afforded no rights or privileges under the UCMJ, USC or Canadian Military law.
