...it's that it's happening to this particular person, for the particular crime he's accused of.
The release of the Khadr interrogation tape isn't particularly shocking to me in what it shows (more on that in a sec) and personally, I don't even think he's been subjected to anything that we should prohibit as a general principle. However (and it's a big however) that this is all happening to Omar Khadr IS pretty damned shocking.
Just to be clear, Khadr is ACCUSED of throwing a grenade that killed a U.S. medic. No witness saw him throw the grenade, and the person who, frankly, is more likely to have thrown the grenade is dead (he was shot several times, Khadr's lawyers would say right after he threw the grenade). What's more, every other non-American involved in the fight is dead too (and I don't disagree particularly with those of you who just said "good riddance"). Now, maybe Khadr threw the grenade, maybe he didn't, but to me it seems at least possible that the reason he's the one who's been accused of throwing the grenade is that he's the only one left alive who can be accused of throwing the grenade. I often wonder, if Khadr hadn't survived the two gun shot wounds to the back would anyone have said after the firefight "I bet that kid's the one who threw the grenade that killed our medic". There's really precious little evidence to support the accusation, which is the first point worth noting.
That said, if Khadr threw the grenade he's (arguably) a murderer. Many will say that's not the case; that you don't need to be in uniform to fight back at armed foreign soldiers attacking your village, but I'll gladly concede that point for the sake of argument. He's a murderer (allegedly) and should be held accountable for that crime. However, there's a system of justice for these types of things, and on the crime itself, there's no reason, imho, to set aside due process and natural justice just for that.
But what about "intelligence"?
The problem, as I see it, is that we're (the U.S., but by extension, us) not keeping him locked up without due process because he has valuable intelligence either. Even if he did, don't tell me they haven't broken him in 6 years, or that after 6 years locked up in Cuba, this guy who was 15 years old when he was captured still has intelligence to give up that is of any use half a decade later.
And, for the record, I don't have a general problem with sleep deprivation either, nor do I think it's torture (Abuse? Maybe.) But to be clear, I wouldn't particularly object to such a technique being used on a bin Laden, or an al-Zhawahiri, or a Saddam Hussein. I certainly object to torture, but in the right circumstances, I think what;s allegedly been done to Khadr could get a pass from me. There was nothing in that video, or in the description of Khadr's treatment, that shocked my conscience, or that I would consider particularly reprehensible. However, the point is, why are we using such techniques on a kid like Khadr? I don't think a 15 year old like Khadr is worth using sleep deprivation on. After a couple of years, just what the Hell was he still going to give up? The kid may be a criminal; he may even be a terrorist; but he ain't bin Laden. What exactly is it alleged we’re going to get out of this kid interrogation-wise? More to the point, what actionable intelligence can we get from someone (anyone) whose been locked up in Cuba for 6 years? Even if he knew something worthwhile (which I kinda doubt), how could the first few years of interrogation not have broken him, and what could he possibly know that’s still useful 6 years later?
It seems pretty clear to me that they're keeping him in Gitmo because even a military tribunal couldn't actually convict him of anything if they wanted to. They're keeping him in Gitmo because the only other alternative is to let him go entirely. Now, many will argue that he deserves to stay locked up forever without ever needing to be convicted of anything whatsoever. Fine. But let's at least be honest that that's the argument that's being made. We're keeping him locked up without a trial because we can't convict him of anything if we hold a trial. It's really as simple as that.
What is happening to Omar Khadr wouldn’t be shocking, imho, if it were happening to someone else. But as it’s happening to Khadr, it is pretty damned shocking. He's a fifteen year old kid (or, he was the last time he was outside of a cell) accused of throwing a grenade at a soldier. For this we give up due process and the rule of law? This kid's such a threat that we need to keep him locked up forever without a trial? (and that's what it's gonna take... not even a legally dubious, Supreme Court defying, military tribunal is going to be able to ever convict him of anything).
If Omar Khadr needs to be kept locked up forever without a trial, and it was necessary for us to use sleep deprivation to squeeze as much intelligence out of him as we possibly can, then we're screwed. If we set aside due process and use dubious interrogation techniques on some 15 year old kid accused of throwing a grenade at an attacking military unit, no matter how bad he is, it's already over. If a little punk like Khadr is really worth all that; if we're really that desperate - we're never going to win.
