The breaking news out of Iraq today is the beheading of an American civilian named Nick Berg. Mr. Berg was apparently captured and beheaded by an al-Quida affiliated group to avenge the abuse of Iraqi prisoners by American troops.

I was struck as I read the AP report ( Video Shows Beheading of American in Iraq ) this morning by the circumstances under which Mr. Berg ended up in the hands of his executioners.

According to the AP report he was arrested by Iraqi officials at a checkpoint in Mosul, who were presumably operating under the authority of the Coalition Provisional Authority, sometime in late March. Mr. Berg's father, Michael Berg, told the Daily Local News of West Chester that "He was arrested and held without due process. By the time he got out the whole area was inflamed with violence." On March 31 Berg's parents were interviewed by the FBI. An FBI spokesperson told the Philadelphia Inquirer that the FBI had been "asked to interview the parents regarding Mr. Berg's purpose in Iraq." Asked by whom? Presumably by the Pentagon or the CPA. Five days later the Berg family sued in federal court contending that their son was being held in Iraq illegally. He was released from custody in Iraq the next day. The Bergs last heard from their son on April 9th. But, by that time the situation in Iraq had escalated.

Mr. Berg's mother, Suzanne Berg says that the family had been trying for weeks to learn the whereabouts of their son, but that federal officials hadn't been helpful. Apparently, in the midst of the violent uprising in Iraq, Mr. Berg was basically dumped on the streets to fend for himself.

The issue that jumps out at me here is the whole due process thing. The soldiers accused of abusing Iraqi prisoners are receiving due process. Clearly the Iraqi's in custody aren't. And apparently neither was Mr. Berg. That seems like a serious problem to me. A problem that goes beyond the double-standard which holds our soldiers to a very different level of "justice" and "due process" than anyone else is held to.