Hadi al Iraqi

Scheduled to Fly to Guantanamo Bay, Cuba, Next Week

Pentagon approved sketch by court artist Janet Hamlin, depicting Mr. Nashwan / Mr. Hadi at his Guantanamo arraignment on 18 June 2014.

In one week, on 3 June 2022, I am scheduled to fly from Indianapolis to Washington D.C., and fly the next day from Joint Base Andrews (formerly Andrews Air Force Base) to Guantanamo Bay, Cuba. On Friday, I plan to stay at a Maryland hotel near Andrews, and Uber to the base and be ready to check in at 6 a.m., Saturday for the 10:00 a.m. flight.

My destination is Naval Station Guantanamo Bay (NSGB), and my mission is to monitor a U.S. military commission pre-trial hearing in the case against Nashwan al-Tamir / Hadi al-Iraqi, who is charged with war crimes allegedly perpetrated in Afghanistan and Pakistan in 2003 and 2004. For clarification, the prosecution refers to the defendant as “Hadi al Iraqi” while defendant has stated that his name is “Nashwan al Tamir”. Hereinafter, I will refer to him as “Mr. Nashwan / Mr. Hadi”.

It was reported in the New York Times that Mr. Nashwan / Mr. Tamir was picked up in Turkey in 2006 and held by the C.I.A., before being transferred to Guantanamo in 2007. He was arraigned at Guantanamo in 2014 and charged with the following war crimes: denying quarter; attacking protected property; using treachery or perfidy; and attempted use of treachery or perfidy. Proceedings in his case have been reportedly delayed multiple times due to his declining health. He underwent five surgeries for a pre-existing spinal disease.

About Me

I work as a clinic assistant at Indiana University McKinney School of Law, and I support nine live client clinics and four full-time faculty members. I joined the Law School in late 2021.

Our nine clinics include the Appellate Clinic, Child Advocacy Law Clinic, Civil Practice Clinic, Criminal Defense Clinic, Health and Human Rights Clinic, Immigration Clinic, Intellectual Property Clinic, Re-Entry Clinic, and the Wrongful Conviction Clinic.

The clinics provide students the opportunity to work on real cases for real people under the supervision of clinical faculty. I support the work of the students and faculty, including but not limited to corresponding with clients, handling inquiries, and providing other administrative support. To date, I have been able to attend two expungement hearings, a full day of housing court, and two “second chance” outreach days, and I watched an appeals trial. I believe my experience at Guantanamo Bay will be vastly different from the hearings I have experienced considering I have not yet witnessed a criminal hearing.

I have a bachelor’s degree in public relations from Purdue University. I had an opportunity to intern with Purdue Marketing and Media for a year. While I was an intern, I developed an interest in writing. I worked as an editorial intern and wrote hundreds of articles and press releases. I became interested in the legal field after taking a course on Constitutional Law when I was a Purdue student. I see this experience — being able to blog and attend the hearings— as an opportunity to combine my interests of law and writing.

I recently learned that I am the first staff member of IU McKinney School of Law to be nominated to travel to Guantanamo Bay to monitor hearings. The dozens of other IU Affiliates who have been nominated for Guantanamo travel have been faculty, students, and graduates. I’m honored to be the first staff member to be nominated and hope that my experience sparks an interest in other staff members.

My Mission for this Guantanamo Bay trip

My mission has been laid out for me as an NGO observer affiliate. NGO stands for “non-governmental organization”. The NGO I am affiliated with is the Military Commissions Monitoring Project (MCMP), which is part of the Program in International Human Rights Law of the IU McKinney School of Law. The Pentagon granted the Program in International Human Rights Law the status of “Observer”, and that Program in turn created the MCMP, which nominates IU McKinney faculty, staff, students and graduates to travel to Guantanamo to “observe” or “monitor” hearings. IU McKinney affiliates also travel to Ft. Meade, Maryland where Guantanamo hearings are broadcast live from the Guantanamo courtroom into a secure room at Ft. Meade via CCTV. They also travel to other installations where Guantanamo hearings occur, mostly via CCTV, but at times live, and include sites such as Ft. Devin, the Washington Naval Yard, Andrews, and the Pentagon.

As a representative of our IU McKinney NGO, my mission is to attend, observe, be seen, analyze, critique, and report my observations. I plan to be independent, objective, neutral, unbiased, and open-minded. It is my responsibility to be an impartial observer for myself, the other stakeholders of the proceedings, including future observers.

From the Beginning

I became aware of the MCMP, like many others at IU McKinney, through the emails sent out by Professor Edwards, the Law School’s Guantanamo Program Director. The emails are sent out monthly to law students, faculty, and staff to seek individuals interested in traveling to Guantanamo Bay and the other sites. Professor Edwards is also the Founding Faculty Director of the Program in International Human Rights Law (PIHRL) and has been involved with Guantanamo since 2003. The opportunity sounded like a once in a lifetime experience, but I did not think I would be selected as a new hire, having joined the law school only 6 months earlier. I pushed the idea of applying away until my supervisor forwarded the same email to me. In it, she encouraged me to apply. I took her encouragement as a sign and submitted an application.

The next day, I interviewed with Professor Edwards. The following week, I received the news that I was nominated by the MCMP to travel to Guantanamo to monitor these pre-trial hearings.

The next steps were to complete paperwork for the Pentagon, Indiana University, and the Program in International Human Rights Law (PIHRL).

The paperwork for the Pentagon included 6 forms: a Hold Harmless Agreement, an acknowledgment of the NGO Ground Rules for Observation of Military Commissions, an Invitational Traveler Worksheet, a form requesting temporary access to NSGB, an acknowledgment of NGO Representative procedures for observation of military commissions, and a bio about myself.

I began communicating with other IU affiliates scheduled to travel in June, and we helped one another in completing the forms.

Preparing for Travel

To prepare, I have been given a multitude of resources, including the Guantanamo Bay Fair Trial Manual and the Know Before You Got to Guantanamo Bay: A Guide for Human Rights NGOs & Others Going to Gitmo to Attend U.S. Military Commissions or For Other Purposes.

The Fair Trial Manual gives an overview of the history of Guantanamo Bay, presents the rights of the detainees and all stakeholders, and provides precedents for why the detainees should be given a fair trial. The Know Before You Go Manual provides useful information from dress codes in the courtroom to fun activities for travelers when they aren’t observing or preparing for the hearings.

Both the Manual and the Guide can be found on the Gitmo Observer website.

Travelers are also provided a “Guantanamo Checklist” which lists what to do before, during, and after travel. The Checklist is an approximately 30-page document that comprehensively lists requirements for all participants. It also includes samples of how to complete the paperwork for the Pentagon.

Another great resource is the blog posts on the Gitmo Observer. Thanks to previous travelers’ blogs, I read that plans can change frequently regarding the proceedings at Guantanamo Bay. Travelers must remain flexible and be attentive to communication incoming from the Program Director and the Pentagon.

Booking my flight to DC

I booked my flight to D.C. two weeks ago. The day after I booked my flight, I received notice from the Pentagon that the military judge who presides over the case I am scheduled to monitor ruled that the pre-trial hearings my proposed week at Guantanamo will be “closed”, meaning that for the entire week I would be at Guantanamo, all the hearing sessions would relate to classified matters, and NGO representatives (like myself) would not be able to attend. Thus, there was a possibility that I could travel to Guantanamo for the week, and not have an opportunity to sit in on any courtroom hearings.

The Pentagon sent me an e-mail asking me if I still wanted to go to Guantanamo, given the judge’s ruling about the hearings. I learned that there is still the possibility the “closed” hearings will be “opened”, so I decided to continue to travel. Also, I learned that there are many aspects of monitoring / observing that take place outside the hearings, for example, briefings by U.S. military commission lawyers.

My next blog post

This is a photo of me…
I plan to post more photos of my journey to Guantanamo — including at the airports in Indianapolis and DC, on the planes, the hotel, and of course at Andrews and Guantanamo.

My next blog posting is expected to include any updates I receive from the Pentagon this last week before the scheduled travel, my journey from Indianapolis to DC, and my arrival at Andrews.

Madison Sanneman

Clinic Assistant

NGO Monitor / Observer, Military Commission Monitoring Project (MCMP)

Program in International Human Rights

Indiana University McKinney School of Law

Will I Go To Guantanamo Bay, Cuba, Tomorrow?

Professor Edwards (right) with one of his Indiana law students (Ms. Sheila Willard) at Guantanamo Bay, Cuba. (file photo)

It’s Sunday morning, and I am scheduled to fly to Guantanamo Bay, Cuba, tomorrow morning, Monday, 19 August 2019.

But, my years of traveling to Guantanamo have taught me that I could arrive at Joint Base Andrews (Andrews Air Force Base) tomorrow, and the trip could be cancelled. I’m not talking about a cancelled flight because of a plane’s mechanical issue, with everyone waiting for a replacement plane, or a possible weather delay. Instead, the 10 days of U.S. military commissions I am slated to monitor at Guantanamo could be scratched, with there being no need to fly down this week.

In the over 15 year since I first became involved with Guantanamo, I learned to expect the unexpected.

Hadi al Iraqi / Nashwan al Tamir, the alleged 2nd highest al Qaeda member in U.S. custody. Professor Edwards is scheduled to attend his hearings at Guantanamo from 19 – 29 August 2019.

This article describes what is expected to happen during the upcoming week of hearings in the case against a Guantanamo detainee the U.S. government calls Hadi al Iraqi, but who prefers to be called by what he says is his birth name, Nashwan al Tamir.

But first, I’ll explain how I got booked on this flight to Guantanamo.

My Guantanamo mission

I was a professor of law at Indiana University McKinney School of Law when in 2003 a Pentagon officer asked if I would do a project related to over 650 detainees then being held at Guantanamo. My Indiana students and I researched rights afforded to defendants at Nuremberg and Tokyo after World War II, thinking that at a minimum, rights afforded to defendants then should be afforded to any detainees facing trial by military commission at Guantanamo.

After that project ended, my Indiana students (and Stetson law students) and I worked on the cases of Australian David Hicks (whose 2007 proceedings became the first completed U.S. military commission since World War II), and Canadian Omar Khadr (who was 15 when picked up, who was then taken to Guantanamo and charged).

Fast forward, and I founded the Military Commission Observation Project at Indiana, through which we send faculty, staff, graduates and current students to Guantanamo to monitor hearings, exploring rights afforded to all Guantanamo stakeholder groups. Stakeholder groups include defendants, victims and their families, Guantanamo guards, defense and prosecution lawyers, witnesses, media, observers / monitors, and others. (For more information on different categories of Guantanamo stakeholders, see www.GuantanamoBayReader.com).

Guantanamo Non-Governmental Organization (NGO) Observer Challenge Coin — with our Stated Mission —
To Attend, Monitor, Be Seen, Analyze, Critique & Report

Our Project spells out the mission of Guantanamo Observers / Monitors as follows: To attend, monitor, be seen, analyze, critique and report on Guantanamo proceedings.

For our Guantanamo Bay Non-Governmental Organization (NGO) Observer / Monitor Challenge coins, see here.

We disseminate information through our blog at www.GitmoObserver.com.

Hadi / Nashwan Background

Hadi / Nashwan is an alleged high-level member of al Qaeda Iraq who allegedly liaised with the Taliban and perpetrated war crimes in Afghanistan and Pakistan in 2003 – 2004. The government claims that he is the second highest ranking al Qaeda member in U.S. custody.

He is charged with allegedly commanding al Qaeda and Taliban insurgents who attacked U.S. and allied forces in Afghanistan and Pakistan after the U.S. and coalition invaded after 9/11.

The specific war crimes charges against him include denying quarter, attacking protected property, using treachery or perfidy, and attempted use of treachery or perfidy. Also, the US alleges that he conspired to commit war crimes. Allegedly, persons under his command planted IEDs that killed coalition soldiers on roads, fired at a U.S. military medical helicopter, and attacked civilians including aid workers.

He was taken into custody in 2006, arrived in Guantanamo in April 2007, and arraigned in June 2014 on war crimes charges that carry a maximum sentence of life in prison.

For at least the last two years, he has suffered from degenerative disc disease, for which he has undergone at least 5 surgeries by military doctors at Guantanamo.

This military judge has acknowledged that the medical condition causes pain and extreme discomfort for Hadi / Nashwan, making it difficult for him to sit in a regular chair in the courtroom for extended periods. He has used a special seat in the courtroom, and has been wheeled into the courtroom in a hospital bed. Furthermore, a special cell that can fit a hospital bed has been constructed next to the courtroom, for him to use during court breaks.

His trial was scheduled to begin in February 2020. It is unclear whether it will go forward, given his health, and given that several weeks of hearings in his case were suspended during his defense counsel’s 12-week maternity leave (including cancelled sessions for June and July 2019).

What is expected to happen this week?

This week, the judge will likely deal with any issues related to Hadi’s / Nashwan’s medical condition. It is likely that the defendant will be wheeled into the courtroom on Wednesday morning, 21 August, in either a hospital bed or a modified wheelchair.

Then, the judge is scheduled to listen to defense and prosecution lawyers argue a number of motions, all of which were listed on a docket that circulated a month or two ago. These motions, which are listed below, deal with a range of issues, including defense requests for information about and access to places where Hadi / Nashwan and others were confirmed, and conflicts of interest of war court personnel.

Motions on the docket are:

Defense Motion to Compel Discovery of Information Related to and Access to Buildings in which the Accused or any Potential Witnesses Have Been Confined (AE 137);

Defense Motion to Compel Defense Examination of Accused’s Conditions of Confinement Onboard Naval Station Guantanamo Bay (AE 139);

Defense Motion to Compel Appointment and Funding of Defense Mitigation Specialist (AE 150);

Defense Motion to Compel Production of Discovery Relating to Rules of Engagement Requested in Defense 51st Supplemental Request for Discovery (AE 156);

Defense Motion to Dismiss on the Basis that the Convening Authority has a Personal Interest in the Outcome of the Military Commission (AE 157);

Defense Motion to Dismiss because a Military Judge and Law Clerk Sought Employment with the DOD and DOJ (AE 150);

Defense Motion to Compel Discovery of Information Related to Public Statements Made by RDML Ring Concerning Conditions of Confinement (AE 150); and,

Defense Motion for Judge Libretto to Disqualify Himself under R.M.C. 902 (AE 150).

Conclusion – What Will Happen This Week?

This coming week at Guantanamo, like all weeks at Guantanamo, is unpredictable.

We will need to wait to see how matters unfold this week.

Stay tuned to www.GitmoObserver.com for updates!

George Edwards

Professor of Law

Direct, Military Commission Observations Project (MCO)

Program in International Human Rights Law

Indiana University McKinney School of Law

www.GitmoObserver.com

www.GuantanamoBayReader.com

Also check out

https://twitter.com/IUMcKinney

https://twitter.com/anrklein

https://twitter.com/gitmoobserver

Check your eligibility to travel to Guantanamo Bay to monitor hearings through Indiana’s Guantanamo Project. Click here.

My flight to Guantanamo Bay – by Greg Loyd

On my way to Guantanamo Bay: a quick meeting with George Edwards

I’m on the left, with Professor George Edwards who founded the Military Commission Observation Project at Indiana. This photo was taken in Washington, DC the day before my departure for Guantanamo.

I’m set this morning to go to Guantanamo Bay to monitor Military Commission hearings. On my plane, which leaves from Andrews Air Force Base, will be the judge, prosecution and defense lawyers, victims’ families, press, court reporters and interpreters, and other hearing observers. For 10 days we will be involved in pre-trial hearing in a case against alleged war criminal al-Hadi al-Iraqi, an alleged high-ranking al Qaeda member.

I appreciate the opportunity to represent the Military Commission Observation Project (MCOP) of the Indiana University McKinney School of Law.

My Background

I graduated from Indiana’s law school over a decade ago, and I have worked as both a defense attorney and a Deputy Prosecuting Attorney. I have worked with many categories of individuals emotionally vested in cases – criminal defendants scared for their future due to charges against them, detectives who sink their nights and days investigating a case, family members who grieve for a loved one, and fellow attorneys who spend sleepless nights worrying upcoming hearings. I hope this balanced lense will aid me in better understanding each Guantanamo Bay stakeholder’s point of view and lead to reporting that readers find helpful.

My Role

As an Observer, I will watch, listen, and ask questions about the rights of stakeholders in the al-Hadi al-Iraqi case. Obviously, one such stakeholder is the defendant who has significant rights and interests in the matter. Yet, so too do the families of victims. The press. NGO’s. Yes, even the prosecution. When evaluating the military commissions, it is important to consider not just the rights of any one stakeholder, regardless of who or what this stakeholder is, but rather, the analysis must be global in nature. Given that much has been written about the defendant’s rights, I will try to pay close attention to another stakeholder — the rights of the Guantanamo Bay prosecution — in an effort to contribute to a full discussion.

A helpful starting point is to ensure an understanding of the charges filed against a defendant.

Abd al-Hadi al-Iraqi

What are “Charges”?

Charges are the formal method that the government uses to accuse an individual (the defendant) with having committed a crime. The charges are not evidence and the filing of a charge does not mean that the defendant is guilty. Rather, it is the Government’s responsibility to prove at trial that the defendant is guilty. The Government filed fives charges against Hadi al-Iraqi.

Charges Against Hadi al Iraqi

Here is a brief explanation of the charges filed against the defendant.

Denying Quarter

In short, the Government alleges that Hadi al Iraqi ordered his combat forces in Afghanistan and Pakistan that when they engaged in combat, they were to take no prisoners, even if the opposing forces attempted to surrender.

Attacking Protected Property

Here, the Government alleges that the defendant attacked a military medical helicopter as it attempted to evacuate a U.S. military member from a battlefield and that the defendant knew the helicopter was a medical helicopter.

Using Treachery or Perfidy

The Government asserts that the defendant detonated explosives in a vehicles that killed and injured German, Canadian, British, and Estonian military personnel.

Attempted Use of Treachery or Perfidy

Hadi al-Iraqi is charged in this count with attempting to detonate explosives in a vehicle to kill or injure U.S. military members.

Conspiracy

The Government contends that the defendant entered into an agreement with Usama bin Laden and others to commit terrorism, denying quarter, and murder (among other acts), and that he took at least one step to accomplish the purpose of the agreement.

Conclusion

I’m looking forward to monitoring the upcoming hearings. In applying my experiences, I hope to share a thoughtful analysis regarding my observations at Guantanamo Bay that contributes to the exploration of the rights of all stakeholders.

By Greg Loyd

Traveling to Guantanamo Bay for Hearings Tomorrow

George Edwards & Greg Loyd - Pre-Gitmo - DC - 18 July 2015

Mr. Greg Loyd (left) & Professor in Washington, DC on the eve of Mr. Loyd’s departure for Guantanamo Bay hearings in the case against Hadi al Iraqi. Professor Edwards will monitor the same hearings at a secure location at Ft. Meade, Maryland, beginning Monday, 20 July 2015.

Greg Loyd will fly to Guantanamo Bay, Cuba to monitor hearings in the military commission case again Hadi al Iraqi. Professor George Edwards will monitor those same hearings via a secure video-link at Ft. Meade, Maryland.

Mr. Loyd, who is a graduate of the Indiana University McKinney School of Law, is representing the law school’s Military Commission Observation Project (MCOP), founded by Professor Edwards. Three Indiana students and graduates will join Professor Edwards at Ft. Meade for the hearings, that commence Monday, 20 July 2015.

Hadi al-Iraqi

Who is the defendant?

The pre-trial hearings are in the case against Hadi al Iraqi, who is an alleged high ranking member of al Qaeda. He is charged with being an al Qaeda liaison to the Taliban, to al Qaeda in Iraq, and to other affiliated groups. Professor Edwards was in the courtroom at Guantanamo Bay in the 2014 summer when Hadi al Iraqi was arraigned on these charges.

The flight to Guantanamo Bay & drive to Ft. Meade

Mr. Loyd is scheduled to report to Andrews Air Force Base on Sunday, 19 July 2015, for his flight to Guantanamo Bay. Professor Edwards and the other Indiana monitors are scheduled to drive to Ft. Meade early Monday morning for the hearings. While Mr. Loyd will be in the Guantanamo courtroom, the Ft. Meade viewers will witness the proceedings live by video.

Blogging

All Indiana monitors will be posting blog entries about their observations. They are all using the Guantanamo Bay Fair Trial Manual to help them assess whether in their opinion, all stakeholders are receiving the fair trial to which they are entitled. The defendants are entitled to a fair trial, and so too is the prosecution. Other stakeholders with rights and interests include the media, the U.S. an international public, and the victims and victims’ families.