Military Commissions
Law / Regulations
- Military Commissions Act of 2009, November 2009
- Military Commissions Act of 2006, October 2006
- Manual for Military Commissions, January 2007
- Regulation for Trial by Military Commissions, April 2007
- Trial Judiciary Rules of Court, November 2007
- Court of Military Commission Review Rules of Practice, April 2008
Military Commission Reporter
NIMJ Analysis Papers of Military Commission Practice under the Military Commissions Act of 2006
- Defense Access to Resources
- Classified Evidence
- Detainee Status: Prisoner of War or Alien Unlawful Enemy Combatant?
- Ex Post Facto
- Hearsay
- Determination of Personal Jurisdiction
- Speedy Trial
- Bill of Attainder
- Prosecution of Child Soldiers
- Military Commissions and the Law of Armed Conflict
- Use of Evidence Obtained by Torture, Cruel, INhuman and Degrading Treatment and Other Forms of Coercion
- Detainee Torture
- Application of the Fourth Geneva Convention to the Conflict in Afghanistan
- Murder in Violation of the Law of War
- The Right Against Self-Incrimination
- Unlawful Command Influence
- Right to Indictment by Grand Jury and Trial by Jury
- Translation of Evidence and the Presence of Interpreters
- Pro Se Representation
- Defense Access to Legal Counsel
- Public Trials
Reports
- Trying Terrorists in Article III Courts: Challenges and Lessons Learned, ABA Standing Committee on Law and National Security (2009).
- Prosecuting Terrorism, Human Rights First (2009)
- The Military Commissions Act of 2006: Background and Proposed Amendments, Congressional Research Service (2009)
- Detention Policy Task Force Preliminary Report (2009)
- The Department of Defense Rules for Military Commissions: Analysis of Procedural Rules and Comparison with Proposed Legislation and the Uniform Code of Military Justice, Congressional Research Service (2006)
- Military Tribunals: Historical Patters and Lessons, Congressional Research Service (2004)
- Terrorism and the Law of War: Trying Terrorists as War Criminals before Military Commissions, Congressional Research Service (2001)
Military Commission Litigation in Civilian Courts
- Ex parte Milligan, 71 U.S. (4 Wall.) 2 (1866)
- Ex parte Quirin, 317 U.S. 1 (1942)
- Hamdan v. Rumsfeld, 548 U.S. 557 (2006)
- Omar Khadr v. Prime Minister of Canada, et al., Federal Court (2009)
- Omar Khadr v. Prime Minister of Canada, et al., Federal Court of Appeal (2009)
- In Re Ramzi Bin Al Shibh, Petition for Writ of Mandamus and Writ of Prohibition (2009)
- In Re Ramzi Bin Al Shibh, Motion for Stay (2009)
- In re Mustafa Ahmed al Hawasi, Petition for Writ of Mandamus and Writ of Prohibition (2009)
Military Commissions
September 11 Co-Conspirators
Ali Abdul Aziz Ali
Charge Sheet
Ali, a Pakistani who is also known as Ammar al-Baluchi, allegedly funneled most of the money that went to the 9-11 hijackers. Ali and Walid bin Attash were arrested together in April 2003 in Pakistan on suspicion of plotting to bomb the U.S. embassy.
Khalid Sheikh Mohammed
Charge Sheet
KSM, as he is known, spent his formative years in Kuwait. He allegedly became a senior member of al-Qaeda and is the self-proclaimed mastermind of 9-11. He has confessed to a role in many significant terrorist plots over the last twenty years, including the 1993 World Trade Center bombings, the Bali nightclub bombings, and the murder of journalist Daniel Pearl. Pakistani authorities captured KSM in Pakistan in March 2003. Government officials confirmed publicly that U.S. interrogators waterboarded KSM on numerous occasions.
Mohammed al Qahtani
Charge Sheet
A citizen of Saudi Arabia, Qahtani allegedly intended to come to the U.S. to take part in the 9-11 attacks, but officials refused him entry. Al Qahtani supposedly had numerous encounters with Osama bin Laden and fought in the battle of Tora Bora. Pakistani forces captured him on the border with Afghanistan in December 2001. The Convening Authority for the Office of Military Commissions, Judge Susan Crawford, dismissed the charges against Qahtani without prejudice, due to mistreatment of the accused while in U.S. custody.
Mustafa Ahmed Adam al Hawsawi
Charge Sheet
Before the 9-11 attacks, al-Hawsawi, a Saudi citizen, allegedly assisted ina propaganda campaign for al-Qaeda in Kandahar. Then, along with Aziz Ali, he is suspected of assisting 9-11 planners by coordinating with Mohammed Atta to bring hijackers into the United States. He was captured in Pakistan in 2003.
Ramzi bin al Shibh
Charge Sheet
Ramzi bin al Shibh, a citizen of Yemen, is an alleged member of al-Qaeda who helped plan the 9-11 attacks. Pakistani forces captured him in September 2002 after a firefight in Karachi.
Walid bin Attash
Charge Sheet
Attash, born into a prominent Saudi family, allegedly played a role in the 9-11 terrorist attacks. He is also suspected of planning the 1998 East Africa Embassy bombings and the USS Cole bombing. He was captured in 2003 with Aziz Ali.
Other Military Commissions
Abd al Rashim al Nashiri
Charge Sheet
Born in Saudi Arabia, al Nashiri allegedly masterminded the bombing of the USS Cole and headed al-Qaeda operations in the Persian Gulf. Government officials confirmed publicly that U.S. interrogators waterboarded al Nashiri. Colonel James Pohl, the military judge in al-Nashiri's military commission, ruled against the government's request for a 120-day stay after President Obama sought to suspend all military commissions in early 2009, pending further review of the process. On February 5 2009, the Convening Authority withdrew al-Nashiri's charges without prejudice.
Abdul Ghani
Charge Sheet
Ghani, an Afghan citizen, allegedly served as an executive assistant to a senior Taliban commander. He allegedly participated in military operations against the United States and its coalition partners. He was captured in January 2003 after trying to evade a US convoy in Afghanistan. The government dropped the charges against Ghani without prejudice in December 2008.
Ahmed Khalfan Ghailani
Charge Sheet
Ghailani, born in Tanzania, allegedly participated in the 1998 U.S. embassy bombings in Tanzania. In 2004, he was captured and detained by Pakistani forces in a joint operation with the United States. Charges in his military commission were dropped, and the U.S. transferred Ghailani to face federal criminal charges in New York in June 2009.
Ahmed Mohammed Haza al Darbi
Charge Sheet
A citizen of Saudi Arabia, the U.S. alleges al Darbi joined al-Qaeda in 1996. He is suspected of training in an Afghanistan terrorist camp and of planning to attack shipping vessels in the Straits of Hormuz. He was captured in Azerbaijan in 2002.
Ali Hamza Ahmad Suliman al Bahlul
Charge Sheet
Bahlul served as al-Qaeda's public relations director. A military panel convicted the citizen of Yemen of terrorism charges and sentenced him to life in prison on November 3, 2008. Bahlul boycotted the commission and forbade his military defense counsel from presenting a defense. He was convicted, in part, for creating propaganda videos glorifying attacks against the United States. He is serving his sentence at Guantanamo Bay. An appeal of his case is pending before the Court of Military Commission Review.
Binyam Ahmed Mohamed
Charge Sheet
Mohamed, an Ethiopian, allegedly trained at an al-Qaeda camp in Afghanistan in the Summer of 2001 before his capture in Pakistan in 2002. Charges were dropped, and he was transferred to the United Kingdom in February 2009. He joined a civil lawsuit in the United States filed under the Alien Tort Statute. His lawyers allege that Mohamed was the victim of extraordinary rendition to Morocco where he was tortured, and that he was held in various CIA "black sites."
David M. Hicks
Charge Sheet
Hicks converted to Islam and allegedly trained in al-Qaeda camps. He also served the Taliban regime in 2001. He was captured in Afghanistan in December 2001 by the Northern Alliance. On March 26, 2007, Hicks pleaded guilty to providing material support to a terrorist organization. The tribunal sentenced Hicks to seven years, but suspended all but nine months. He served the remainder of his sentence in his native Australia and was released in December 2007.
Faiz Mohammed Ahmed al Kandari
Charge Sheet
Kandari allegedly left Kuwait to train and provide religious instruction at an al-Qaeda camp in Afghanistan. The U.S. also alleges he recruited new members for al-Qaeda and helped secure their passage to Afghanistan.
Fouad Mahmoud Hasan al Rabia
Charge Sheet
Rabia was captured in Afghanistan in November 2001 after traveling from Kuwait shortly beforehand. Charges include transporting money to Osama bin Laden and providing logistical support for Taliban fighters.
Ghassan Abdullah al Sharbi
Charge Sheet
Sharbi, a Saudi electrical engineer, allegedly travelled to Afghanistan to train and support al-Qaeda. Pakistani forces captured him in 2002. The charges were dismissed without prejudice in October 2008 but a new charge sheet was signed on January 12, 2009.
Ibrahim Ahmed Mahmoud al Qosi
Charge Sheet
Al Qosi, a Sudanese citizen, allegedly trained and fought with al-Qaeda from the early 1990s until his capture. Pakistani tribes captured him on the Pakistan and Afghanistan border in 2001.
Jabran Said al Qahtani
Charge Sheet
Qahtani is alleged to have been a member of Abu Zubaydah's entourage and fought in Afghanistan against the Northern Alliance. He travelled to Afghanistan from his native Saudi Arabia in October 2001 and was captured in Pakistan in March 2002. Charges were dropped in October 2008, but a new charge sheet was signed on January 12, 2009.
Mohammed Hashim
Charge Sheet
Hashim, a citizen of Afghanistan, was captured in October 2002. He is an alleged member of the Taliban who provided support to al-Qaeda. Charges were dismissed without prejudice on May 20, 2009.
Mohammed Jawad
Charge Sheet
Jawad was captured in Afghanistan after allegedly throwing a grenade at a passing American convoy. He was a minor at the time. The military judge in Jawad's commission, Judge Henley, excluded statements Jawad made after being tortured by Afghan police. Charges were dropped and Jawad was released to his native Afghanistan in August 2009.
Mohammed Kamin
Charge Sheet
Kamin, an Afghan citizen, allegedly trained and fought with al-Qaeda. He was captured in Afghanistan in 2003. He refuses to participate in his military commission.
Noor Uthman Muhammed
Charge Sheet
Muhammed, a citizen of Sudan, allegedly worked as an instructor at a terrorist training camp in Afghanistan. He is suspected of being the deputy commander of the Khaldan camp there. He was captured in Pakistan in March 2002. Charges were dismissed in October 2008, but they were refiled two months later.
Obaidullah
Charge Sheet
Obaidullah is a citizen of Afghanistan and an alleged member of al-Qaeda. The charges against him include storing and concealing anti-tank mines and other explosive devices. The allegations claim he was captured in 2002 with a notebook illustrating how to wire and detonate mines for the purpose of carrying out a terrorist act.
Omar Ahmed Khadr
Charge Sheet
Khadr, a Canadian, was captured by American forces at the age of 15 following a protracted firefight with militants in Afghanistan in which Khadr was wounded. Officials contend that he has significant ties with al-Qaeda and received training at terrorist camps. The charges against him include killing a U.S. soldier with a hand grenade.
Salim Ahmed Hamdan
Charge Sheet
Hamdan, a citizen of Yemen, was captured driving a vehicle with surface-to-air missiles at a roadblock in Afghanistan. Since the mid-1990s, he served as one of Osama bin Laden's personal drivers and bodyguards. A panel of military members convicted Hamdan in August 2008 of providing material support for terrorism. He was sentenced to five and a half years in prison, and a military judge gave him credit for time already served. The U.S. returned Hamdan to Yemen in December 2008.
Sufyian Barhoumi
Charge Sheet
Barhoumi is an Algerian with alleged ties to al-Qaeda dating to the late 1990s. He supposedly trained in remote-controlled improvised explosive devices and was captured in Pakistan in March 2002. Charges were dropped in October 2008, but may be refiled.
Tarek Mahmoud El Sawah
Charge Sheet
Sawah is Bosnian and Egyptian. He allegedly received training at terrorist camps in Afghanistan and fought against the Northern Alliance until he was captured in 2001. The charge sheet was signed in December 2008.