Well said Mark...and to make matters worse, Israel's apologists fail to ever mention the prior to his capture, Gilad was manning an artillery emplacement on the border of Gaza (i.e. on illegally occupied land) that in the weeks prior to his capture had been shelling positions within Gaza killing a number of innocent civilians. He was committing war crimes, regardless of any 'Nuremberg defense' and is lucky to be alive.
One student killed, three wounded at Arizona campus during fight (AP)
from the article: MESS Report / Understanding Israel's national obsession with Shalit