violation of the law of war, attempted murder in violation of the law of war, conspiracy,
providing material support for terrorism and spying. He is also appealing his conviction.635
Noor Uthman Muhammed pled guilty in February 2011 to conspiracy and providing
material support for terrorism, 636 but the Convening Authority for the military
commissions disapproved the findings and sentence in his case and dismissed the charges
against him in January 2015.637 Majid Khan pled guilty in February 2012 to conspiracy,
murder in violation of the law of war, attempted murder in violation of the law of war,
providing material support for terrorism and spying.638 Finally, Ahmed Mohammed
Ahmed Haza al Darbi pled guilty in February 2014 to charges that included attacking
civilian objects, hazarding a vessel, terrorism, attempted hazarding a vessel and attempted
terrorism.639
291. Seven detainees are currently subject to ongoing military commission proceedings. Khalid
Shaikh Mohammad, Walid bin ‘Attash, Ramzi Bin al Shibh, Ammar al Baluchi and
Mustafa Ahmed al Hawsawi have been jointly charged with conspiracy, attacking civilians,
attacking civilian objects, intentionally causing serious bodily injury, murder in violation
of the law of war, destruction of property in violation of the law of war, hijacking or
hazarding a vessel or aircraft and terrorism in relation to their alleged roles in the 9/11
attack that killed 2,976 people.640 Abd Al-Rahim Al-Nashiri is charged with perfidy,
murder in violation of the law of war, attempted murder in violation of the law of war,
petitions”. United States Military Commission, “Report of Result of Trial”, 11 August 2010; United States Court of Military
Commission Review, Ibrahim Ahmed Mahmoud al Qosi v. United States of America, “Panel Designation”, 17 December 2013;
United States Court of Military Commission Review, United States of America v. Ibrahim Ahmed Mahmoud al Qosi, 24 April
2014; United States Court of Appeals for the District of Columbia Circuit, In re: Ibrahim Ahmed Mahmoud Al Qosi, “Judgment”,
1 May 2015, <https://www.justsecurity.org/wp-content/uploads/2015/05/al-Qosi.pdf>.
635
Khadr’s pre-trial agreement provides for a maximum sentence of eight years’ confinement. He was transferred to Canada in
September 2012 to serve out the remainder of his sentence, and was released on bail in May 2015. United States Military
Commission, United States of America v. Omar Ahmed Khadr, PE001-A, “Stipulation of Fact”, 12 August 2010; “Canada: ExGuantanamo Child Soldier Freed”, Human Rights Watch website, 7 May 2015, <http://www.hrw.org/news/2015/05/07/canadaex-guantanamo-child-soldier-freed>.
636
Muhammed was sentenced to 14 years’ confinement and was repatriated to Sudan in December 2013. United States Military
Commission, “Report of Result of Trial”, 18 February 2011. See, also, Carol Rosenberg, “Convicted al Qaida operative released
from Guantánamo, repatriated to Sudan in plea deal”, Miami Herald website, 10 July 2012,
<http://www.miamiherald.com/2012/07/10/2890308/convicted-al-qaida-operative-released.html>.
637
“Subsequent to his commission proceedings, decisions by the D.C. Circuit Court of Appeals in separate commissions cases
established that it was legal error to try the offense of providing material support for terrorism before a military commission. The
decisions of the D.C. Circuit are binding on commissions cases and the convening authority’s action to disapprove the findings
and sentence in Muhammed’s case is required in the interests of justice and under the rule of law”. “Findings and sentence
disapproved in US v. Noor Uthman Muhammed”, United States Department of Defense website, 9 January 2015,
<http://www.defense.gov/News/News-Releases/News-Release-View/Article/605346>.
638
In exchange for the promise of a reduced sentence, Khan agreed to co-operate with the prosecution. His sentencing will be
delayed for four years to allow him time to co-operate. His sentence will be limited to no more than 19 years if he co-operates,
and no more than 25 years if he does not. United States Military Commission, United States v. Majid Shoukat Khan, AE 013,
“Appendix A to the Pre-Trial Agreement”, 29 February 2012. See, also, “Majid Shoukat Khan”, Human Rights Watch website,
25 October 2012, <http://www.hrw.org/news/2012/10/25/majid-shoukat-khan>.
639
Al Darbi will likely spend nine to 15 more years in confinement. At least three and a half more years will be spent in
Guantánamo. His sentencing hearing will not be held until August 2017. United States Military Commission, United States v.
Ahmed Mohammed Ahmed Haza al Darbi, AE 010, “Pre-Trial Agreement”, 20 February 2014; United States Military
Commission, United States v. al Darbi, AE 011, “Appendix A to the Pre-Trial Agreement”, 20 December 2013. See, also,
Charlie Savage, “Guantánamo Detainee Pleads Guilty in 2002 Attack on Tanker Off Yemen”, The New York Times website, 20
February 2014, <http://www.nytimes.com/2014/02/21/us/guantanamo-detainee-ahmed-muhammed-haza-al-darbi.html?_r=0>.
640
The charge sheet indicates that the accused are responsible for the deaths of 2, 976 persons listed in the annex to the charge
sheet. This figure does not include the hijackers or persons who have subsequently died as a result of, for instance, dust inhalation
at the site of the attack. United States Military Commission, “Charge Sheet: Mohammad et al.”, 5 May 2011.
126
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