The Department of Defense announced
today that military commission charges have been sworn against Guantanamo
detainee Abd al Hadi al Iraqi, an Iraqi national.
The charges allege that Abd al
Hadi, as a senior member of al Qaeda, conspired with and led others in a series
of perfidious attacks and related offenses in Afghanistan from 2001 to 2004. “Perfidy” is an offense triable by military
commission in which those who are the targets of attack are killed, injured, or
captured after the attackers have “invit[ed] the confidence or belief... that
[the attackers] were entitled to... protection under the laws of war.” The charges allege--
• that Abd al Hadi joined al Qaeda by 1996;
• that, in furtherance of the group’s hostile and terrorist aims, he served as a high-ranking leader on various senior councils that set al Qaeda’s agenda and policies;
• that he was a significant al Qaeda liaison to
the Taliban, to al Qaeda in Iraq, and to other allied groups;
• that Abd al Hadi commanded al Qaeda’s
insurgency efforts in Afghanistan and Pakistan, during which he supported,
supplied, funded, and/or directed attacks against U.S. and coalition forces;
• that these operations made use of a variety
of unlawful means, including attacking civilians, detonating vehicle borne
improvised explosive devices (VBIEDs) in civilian areas, detonating suicide
vests in civilian areas, and firing upon a medical helicopter as it attempted
to recover casualties; and
• that Abd al Hadi directed his fighters to kill all coalition soldiers encountered during their attacks, thereby denying quarter to potential captive or wounded coalition soldiers.
Following his tenure as commander of al
Qaeda’s insurgency in Afghanistan and Pakistan, the charges allege that Abd al
Hadi continued his liaison role with al Qaeda in Iraq and was ultimately
assigned by Usama bin Laden to travel to Iraq to assume a position among the
leadership of al Qaeda’s insurgency there.
The maximum sentence for these
charges, should the accused be convicted, is confinement for life. These charges are merely accusations. The accused is presumed innocent unless and
until proven guilty beyond a reasonable doubt.
Upon swearing of the charges, the
chief prosecutor endorsed and forwarded them to the convening authority, Paul
L. Oostburg Sanz, who must now make an independent determination whether to
refer some, all, or none of them for trial by military commission. If he refers the charges, the convening
authority will also designate commission panel members, who, if they are not
excused following examination and challenge by prosecutors and defense counsel,
will eventually serve as jurors during the trial. The chief trial judge of the Military
Commissions Trial Judiciary would then assign a military judge to the
case. Counsel for the accused has been
notified of the charges sworn against him.
The chief prosecutor, Brig. Gen.
Mark Martins, has detailed Mikeal Clayton of the Justice Department to the case
as trial counsel, and Air Force Lt. Col. Dale Riedel as deputy trial counsel.
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