Hey PETA, it's only fair, right?
As Wesley J. Smith points out, we won't prosecute the beasts because we don't expect them to act like us:
If humans had done this to the village, it would rightly be condemned as an evil act of aggression and lawlessness. But elephants are amoral. They are just being elephants. They are indifferent to the suffering they are causing to another species.This illustrates one of the crucial differences between human beings and animals. Only we are truly moral beings understanding of right and wrong, good and evil. And we have a unique capacity to empathize with "the other." We care about them, even if they can't care about us. That is one reason we try to save elephant habitats and protect these magnificent beasts from poaching, while they will destroy villages, kill the unwary, and generally disrupt human life without a moment's hesitation. And that is a distinction between us and animals with a huge difference.HT: Second Hand Smoke