126 | Towards the Closure of Guantanamo
the charges involving the bombing of the USS Cole before the DC District Court. The
primary issue is whether the armed conflict between the U.S. and Al-Qaeda had
commenced by the time of the bombing, in October 2000. 376
311. Abd al Hadi al-Iraqi is charged in relation to a series of attacks in Afghanistan and
Pakistan between about 2003 and 2004, and conspiracy to commit law of war
offenses. 377 He was first charged in 2013 and the first set of pre-trial hearings took
place in September and November 2014. According to the schedule announced by
the military commission, the pre-trial stage is expected to continue until at least July
31, 2015. 378
312. Since the opening of the detention facility in 2002, eight prisoners have been
convicted by military commissions at Guantanamo, the first three by military
commissions convened under the Military Commissions Act of 2006. Australian
David Hicks was the first detainee to have been convicted by a military commission.
He pleaded guilty in April 2007, served part of his sentence in Australia and was
released on December 29, 2007. As indicated in the previous chapter, Salim
Hamdan was convicted at trial in 2008. After serving his sentence, he was
repatriated to Yemen in 2008, where he continued to appeal his conviction. His
conviction was overturned in 2012 by the DC Circuit Court. The court concluded
that military commissions lacked jurisdiction to try the crime of providing material
support for terrorism, which was not a war crime under international law at the
time of the offense. 379 Ali Hamza al Bahlul was also convicted at trial in 2008. He
was sentenced to life in prison and is serving his sentence at Guantanamo. The
question of ex post facto laws was again addressed by the D.C. Circuit in his case. On
July 2014, the Court vacated two of the three convictions (material support and
solicitation) and affirmed the conspiracy conviction. 380 The court remanded that
conviction to the original panel of the Court for it to dispose of remaining issues. On
October 22, 2014, the DC Circuit heard oral arguments on the single conviction left
standing.
313. Five detainees have been convicted under the 2009 MCA. Following a plea
agreement before military commissions, Sudanese citizens Ibrahim al Qosi and Noor
Muhammed, and Canadian citizen Omar Khadr, were transferred to their home
countries. In 2010 and 2011, Ibrahim al Qosi and Noor Muhammed pleaded guilty
to providing material support to Al-Qaeda and conspiracy to provide material
support and were sentenced to 14 years in confinement. In exchange for the guilty
plea and promise to cooperate, the period of confinement was reduced to two years
376
377
378
379
380
See in this regard, Just Security, New al-Nashiri developments… regarding the MV Limburg and USS COLE
charges by Marty Lederman, October 17, 2014 (Updated as of November 2014). Available at:
http://justsecurity.org/16395/al-nashiri-cmcr-limburg-charges/.
Department of Defense, Office of Military Commissions.
Department of Defense, Office of Military Commissions, Unofficial/Unauthenticated Transcript, R.M.C. 803
session,
September
15,
2014,
pp.
26
and
61.
Available
at:
http://www.mc.mil/Portals/0/pdfs/alIraqi/al%20Iraqi%20(TRANS15Sep2014-PM).pdf
Hamdan v. U.S., 696 F.3d 1238 (2012).
Al Bahlul v. U.S., (2014).
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