The Latest Guantanamo Bay Charges

On 18 June 2014, the Military Commissions arraigned Abd al Hadi al Iraqi on a number of charges. Hadi al Iraqi’s first pre-trial (pre-commission) hearings are scheduled to be held at Guantanamo Bay, Cuba 15 – 16 September 2014.

I have been selected to travel to Guantanamo Bay as an NGO Observer for these hearings next month. I will be representing the Military Commission Observation Project (MCOP) of the Indiana University McKinney School of Law. (We are also known at “The Gitmo Observer“).

Charges Against Hadi al Iraqi

Specific allegations against Hadi al-Iraqi  fall within five general charges. These are highlighted and summarized below.

Charge I: Violation of 10 USC 950t(6), Denying Quarter

The government alleges that Al Hadi directed forces under his control in Afghanistan and Pakistan that there should be no survivors allowed and that all hostilities should conclude with no opposing survivors, even if practicable to accept surrender.

Charge II: Violation of 10 USC 950t(4), Attacking Protected Property.

The government alleges that Al Hadi intentionally attacked a medical helicopter, which was clearly marked as medical and protected under the laws of war, by firing at it as it attempted to remove casualties from the battlefield.

Charge III: Violation of 10 USC 950t(17), Using Treachery or Perfidy.

The government alleges three main specifications under this charge.

• First, that Al Hadi invited confidence that a vehicle was a civilian vehicle, and thus protected under the laws of war, and then made use of that confidence to detonate explosives in the vehicle near a bus carrying members of the German military, resulting in death and injury.
• Second, that Al Hadi invited confidence that an individual was a civilian noncombatant, and thus protected under the laws of war, and then made use of that confidence to explode a concealed vest, resulting in death and injury to members of the Canadian military.
• Third, that Al Hadi invited confidence that a vehicle was civilian, and thus protected under the laws of war, and then used that confidence to detonate explosives in the vehicle near a convoy carrying Estonian and British military members, resulting in death and injury.

Charge IV: Violation of 10 USC 950t(28), Attempted Use of Treachery or Perfidy.

The government alleges that Al Hadi invited confidence that a vehicle was civilian, and entitled to protection under the laws of war, and then detonated explosives in that vehicle in an attempt to attack a US military convoy with the intent to kill and injure.

Charge V: Violation of 10 USC 950t(29), Conspiracy.

The government alleges that Al Hadi – in Afghanistan, Pakistan, Iraq, Turkey, and elsewhere – conspired with Usama bin Laden, Ayman Al Zawahiri, Mohammed Atef, Khalid Sheikh Mohammad, and others to commit: Terrorism, Denying Quarter, Using Treachery or Perfidy, Murder of Protected Persons, Attacking Protected Property, Attacking Civilians, Attacking Civilian Objects, and Employing Poison or Similar Weapons, associated with hostilities and unlawful objectives.

Conclusion

The charge sheet lists the alleged activities in great detail, with alleged dates and locations.  More information can be found at the military commission website at this link.

I plan to post again before I depart for Guantanamo, while I am there, and after I return. While at Guantanamo Bay, I will be using the new Guantanamo Bay Fair Trial Checklist as I seek to determine whether I believe that all stakeholders are receiving a fair trail in the military commissions. This document was launched at Guantanamo on 12 August 2014.