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There can be an element of fear behind prejudice, discrimination, hate, and violence. In some cases, there can be a basis for fear. The fear of people we do not know can protect us. This natural and protective fear can result in discrimination, hatred, or violence when the fear is expressed inappropriately.

The fear dynamic impacts on individuals, and on groups of people. For reasons of national security, one nation might fear another nation, one nationality might fear another nationality. At times, fear gets in the way of logical, rational thinking. Laws and policies can be implemented which might harm minority groups, stripping them of their rights.

After the terrorist attacks of 911, the United States feared other terrorist attacks. Given the loss of life on 911, the fears were justified. Some human rights watchdogs are concerned the legal reactions, and some military policies established after 911 have gone too far.

Omar Khadr was in Afghanistan when the American forces were capturing the country. He was accused of killing an American soldier. Currently, Omar Khadr has been held in Guantanamo Bay since about July 2002.

Countries have a right to defend themselves from attack. They also have a right to place people on trial for violating the law. We are not taking a position about Omar Khadr’s guilt or innocence. The courts need to decide that. There are, however, some concerns regarding the possibility he was tortured until he confessed to things he did not do. Other concerns exist regarding Omar Khadr’s case. He is being tried as an “enemy combatant.” An Amnesty International summary article titled “In Whose Best Interests? Omar Khadr, Child ‘Enemy Combatant’ Facing Military Commission” points out international law does not recognize “enemy combatant” status. Soldiers are generally not charged for killing armed enemy troops in combat conditions. To this writer, it appears United States law essentially makes it legal for United States forces to kill armed enemy soldiers in combat, but makes it illegal for enemy soldiers to kill armed United States troops in combat situations. Of equal concern is the fact that Omar Khadr was 15 years old when the alleged events took place. The United States, according to Amnesty International, ratified an international agreement on how children in armed combat should be treated. The primary principle is that the best interests of children must be taken into account. Amnesty International feels the best interest of the child “must be a primary consideration.” Attempts to rehabilitate and reintegrate child soldiers would logically be major goals.

Amnesty International summarizes how they feel Omar Khadr has been treated as follows:

Every step of the way, the USA’s treatment of Omar Khadr has failed to comply with such principles. No consideration was given to Omar Khadr’s young age by his US captors except perhaps to exploit it during interrogations. While the USA’s treatment of so-called “enemy combatants” has violated its international obligations, the fact that children have been among the targets of this detention policy has added an extra layer to the assault on the rule of law and respect for human rights in the USA’s “war on terror.”

We are hoping that enough time has passed since the 911 terrorist attacks for legislators and judges to start carefully reviewing United States policies, practices, and laws to ensure national security, not either fear or hate, are not the reasons for laws, practices, and policies. Laws and policies implemented after 911 might need to amending to respect the principles of international law and human rights. Then we can feel more confident that we are pursuing justice, not either revenge or hatred.

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