RUTHFULLY YOURS

OttawaMr. Kent is a member of the Canadian Parliament and official opposition critic for foreign affairs.

Omar Khadr pulled the pin from a grenade and tossed it at Sgt. First Class Christopher Speer, a U.S. Army Delta Force medic, on July 27, 2002. Those are the facts to which Mr. Khadr, a Canadian citizen, confessed when he pleaded guilty before a Guantanamo Bay war-crimes commission.

For several years Mr. Khadr had been living and training with al Qaeda in Afghanistan under the tutelage of his father, Ahmed. The Khadrs reportedly lived in Osama bin Laden’s Kandahar-area compound.

Speer died of his wounds 1½ weeks after the attack, which left another soldier, Sgt. First Class Layne Morris, partly blind. Mr. Khadr, badly wounded, was treated and transferred to the Cuba base. In 2012 the U.S. returned him to Canada to serve the remainder of his eight-year sentence.

Mr. Khadr was just shy of his 16th birthday at the time of the attack. In 2010 Canada’s Supreme Court held that the interrogation of Mr. Khadr at Guantanamo Bay by Canadians in 2003-04 violated Canadian standards for the treatment of detained youths. These violations occurred during the mandates of Liberal Prime Ministers Jean Chrétien and Paul Martin. The Supreme Court left it to the government, then headed by Conservative Stephen Harper, to determine an appropriate remedy, and to the civil courts to rule on any damages.

A few months later Mr. Khadr entered his guilty plea on five war-crimes charges. He was sentenced to 40 years in prison, reduced by pretrial agreement to eight years. The Harper government determined that returning Mr. Khadr to Canada would be the appropriate remedy. In 2012 he was repatriated to serve the remaining years of his sentence. He was released on bail in 2015.

Mr. Khadr wasn’t satisfied. He sued the Canadian government for 20 million Canadian dollars (about US$16 million at current exchange rates).

Meanwhile in Utah, Sgt. Speer’s widow, Tabitha, his two young children and Mr. Morris sued Mr. Khadr and received a judgment for $134.1 million in damages. Their goal was to preserve possible future action against Mr. Khadr’s assets—at the time a remote possibility.

But last week Liberal Prime Minister Justin Trudeau issued a formal apology to Mr. Khadr and a massive cash settlement, though no court had ordered him to do so. Mr. Trudeau refuses to disclose the amount of the settlement, but leaked reports peg it at C$10.5 million. That’s an extravagant sum in the Canadian justice system, which is much more restrained in awarding damages than U.S. courts.

The three countries that started the Korean War in June 1950—Russia (USSR), China and North Korea—are still manoeuvring to secure a better outcome. When World War II ended in August 1945, American and Soviet troops had met more or less amicably at about the 38th parallel on the Korean peninsula. In 1949, both those powers withdrew their forces, leaving behind feeble local administrations in the north and the south that each aspired to lead the first government of the whole of Korea following the decades of Japanese colonial rule.

Kim Il-sung, a northerner who had fought in the resistance against Japanese rule and was accepted by the occupying Soviet forces as the leader of the north, lobbied the Soviet leader to support using force to take over the south and bring the whole of the peninsula into the socialist camp. Stalin eventually agreed that that was an attractive and feasible objective. On the condition that Kim Il-sung also secure China’s support for the venture, Stalin undertook to provide equipment, training and planning but ruled out any direct involvement by Soviet forces.

China’s Mao Tse-tung approved the plan and North Korean forces launched the attack on 25 June 1950. The north overran the southern forces, who retreated to a small enclave around the southern port of Pusan before the American-led UN forces reversed those gains and routed the north’s forces only to encounter, in October 1950, a large force of Chinese ‘volunteers’.

This US–China phase of the conflict lasted for two more years before a truce was negotiated that recognised the original informal dividing line—the 38th parallel—as the de facto border between the Republic of Korea in the south, allied to the US, and the Democratic People’s Republic of Korea in the north, a socialist state closely tied to the USSR and China.

That truce is still in place, which means that all the belligerents are still, in formal terms, at war with one another. And the peninsula did indeed evolve quickly into an arena of essentially permanent tension, provocation and imminent conflict. The USSR and China took care to ensure that Pyongyang lacked the capacity to contemplate renewed unilateral military adventurism. That remained the case even as the DPRK veered off towards becoming the most highly militarised and uniquely repressive authoritarian regime in the world.

The narrative that underpinned the DPRK’s political trajectory has been founded on the contention that the country had narrowly escaped naked American aggression in June 1950 and that the enemy, a superpower bristling with nuclear weapons, had since embedded itself in the south while it searched for another opportunity to invade.

Russia and China have never had the courage to contest this narrative or, indeed, to seriously encourage the DPRK to take a different path. The US has for some 70 years borne the lion’s share of the burden of deterrence and alliance management emanating from the machinations of the DPRK. Even when Pyongyang began, in the late 1980s, to explore the possibility of a nuclear option, Russia and China kept their distance. China, in particular, openly informed Washington at subsequent points of nuclear crisis—notably 1993–94 and 2002—that responsibility for the issue lay with the US and the DPRK.

“Has any soldier who fought FOR Canada ever received as generous a reward as this soldier who fought against us?” — Canadian Senator Linda Frum.

In 2003, Khadr confessed to throwing the grenade that killed U.S. Special Forces Sgt. 1st Class Christopher Speer and caused Sgt. 1st Class Layne Morris to lose an eye. Years later, he retracted his confession, claiming it had been extracted under duress. In fact, it was part of a plea deal that enabled him to be extradited to Canada to serve the rest of his sentence there.

“There was a Canadian flag flying along with the American flag at our base there, so it’s quite a thing that now Canada is giving millions to a guy who would attack a compound where Canadians were serving. I don’t see this as anything but treason. As far as I am concerned, Prime Minister Trudeau should be charged.” — Sgt. 1st Class Layne Morris, who lost an eye from the grenade thrown by Omar Khadr.

The government of Canada recently issued an official apology — and acknowledged awarding an “undisclosed” sum of money — to Toronto-born Islamist terrorist Omar Khadr for his “ordeal” at the U.S. military base in Guantanamo Bay, Cuba, and “any resulting harm” he was caused by the “torture” (specifically, sleep deprivation, solitary confinement and threats) that led to his confession.

On July 7, Canadian Foreign Minister Chrystia Freeland and Minister of Public Safety and Emergency Preparedness Ralph Goodale released a statement announcing the “hope that this expression, and the negotiated settlement reached with the Government, will assist him in his efforts to begin a new and hopeful chapter in his life with his fellow Canadians.”

The civil settlement was reached with Khadr, 30, who was 10 when his family returned to the Middle East, and 15 when he was arrested fighting in Afghanistan with al Qaeda and the Taliban, the terrorist organizations to which his father was affiliated — on the basis of the Canadian Charter of Rights and Freedoms.

In 2003, Khadr confessed to throwing the grenade that killed U.S. Special Forces Sgt. 1st Class Christopher Speer and caused Sgt. 1st Class Layne Morris to lose an eye. Years later, he retracted his confession, claiming it had been extracted under duress. In fact, it was part of a plea deal that enabled him to be extradited to Canada to serve the rest of his sentence there.

With news of the large settlement he received — 10,500,000 Canadian dollars (approximately USD $8,000,000) — he gave an extensive interview to CBC’s Power & Politics host Rosemary Barton, in which he said he thinks that the apology from the Canadian government “restores a little bit my reputation here in Canada, and I think that’s the biggest thing for me.” He declined to comment on having just received multi-millions in tax-free dollars.

He also had the effrontery to say that he just wants “to be a normal person” and finish his nursing degree to help under-served communities. “I have a lot of experience with… and appreciation of pain,” he explained, expressing only sorrow that the Speer and Morris families consider him responsible for their own pain.

Amid harsh criticism against the Liberal government by opposition Conservatives and members of the public outraged that their tax dollars are going to a convicted terrorist, Canadian Prime Minister Justin Trudeau responded to reporters’ questions on the matter during a press conference marking the July 8 close of G20 summit in Hamburg.

Trudeau said that the settlement had nothing to do with Khadr’s 2002 actions on the battlefield in Afghanistan, but rather with the fact that his rights had been violated. This is precisely what the Canadian Supreme Court ruled in 2008 and 2010, after Khadr’s lawyers sued for damages.

Trudeau added that the Charter of Rights and Freedoms protects all Canadians, “even when it is uncomfortable. When the government violates any Canadian’s Charter rights, we all end up paying for it.”

Meanwhile, Goodale tried to evade responsibility, by casting aspersions on the previous government, headed by Conservative Prime Minister Stephen Harper, in power when Khadr was returned to Canada in 2012 to serve the remainder of his prison sentence for five counts of war crimes. Goodale accused Harper of having “refused to repatriate Mr. Khadr or otherwise resolve the matter.”

Yesterday the world lost a hero of liberty and freedom. Liu Xiaobo, a voice for the voiceless and a defender of the oppressed in Communist China, passed away. Although the physical cause of his death was cancer, Dr. Liu’s primary battle was one of the soul. Ever since leaving the safety and comfort of America to lead the protests at Tiananmen Square in 1989, Dr. Liu sealed his fate as a persistent focus of persecution from the authoritarian PRC. From “reeducation through labor” and deprivation of property to unjust imprisonment and physical abuse, Dr. Liu bore the brunt of the Communist Party’s wrath for daring to challenge their system of political oppression by coauthoring of “Charter 08,” a manifesto of Chinese freedom that reverberates today more than ever.

Before his soul passed on from this world, Dr. Liu had one dying wish: to spend his final days with his wife Liu Xia in America. International physicians, including one from the University of Texas MD Anderson Cancer Center, attested that Dr. Liu was fit to travel if released immediately. One man stood in the way of this final request: Xi Jinping. China has been known in select circumstances to release wrongfully imprisoned foreigners, and even the North Korean dictator Kim Jong-un allowed Otto Warmbier to spend his final hours with his family. But something about Liu Xiaobo seemed particularly threatening to Xi and the apparatchiks in the Chinese Politburo. Perhaps it was his dignified commitment to speaking the truth about their regime in the face of every attempt on their part to silence him, something that Beijing has been so successful in doing with tens of millions of others since the founding of the PRC.

Although prevented from doing so during his 2009 sentencing, Liu Xiaobo was prepared to defend himself by claiming that “I have no enemies.” The power of nonviolent resistance has shown through the passing of time to strike terror into the heart of oppression, as evidenced by heroes Martin Luther King Jr. and Gandhi. Today, Liu Xiaobo joins their ranks. And in this, Xi Jinping’s worst fear has become reality: Dr. Liu’s spirit and bravery in life will endure as an inspiration to the countrymen he so desperately sought to liberate. His dream of a free, democratic China will persist. Although Xi has aligned himself with the ignominious and shameful company of dictators who imprisoned and killed Nobel laureates — and there are few in number — Liu Xiaobo’s dream will live on, and the United States must do everything in its power to ensure that it never perishes. Far from being an act of strength or defiance, Xi’s decision shows the weakness and fear of an increasingly cynical, technocratic, and frightened authoritarian clique.

As we grieve his loss, our immediate focus must be his widow Liu Xia. Because Xi Jinping refused their departure to America, their rightfully earned Nobel-prize money remains unclaimed, and Liu Xia is in danger. Although it is of no consolation regarding the death of her husband, I was pleased to hear yesterday from Liu Xiaobo’s counsel that the Norwegian Nobel Institute has now confirmed that it has found a legal way for Liu Xia to be able to inherit the $1.5 million monetary award for the Nobel Peace Prize that Liu Xiaobo was never able to collect. I intend to continue my longstanding effort to honor Liu Xiaobo and to secure Liu Xia’s livelihood, and I urge my colleagues on both sides of the aisle, Republican and Democrat: If there is a cause that should unite us all, it is that the wife a Nobel Peace laureate speaking out for peace and democracy should not be kept hostage in Communist China.

— Ted Cruz is a U.S. senator from Texas.