Military Commission Charges Approved Against Abd Al Hadi Al-Iraqi
The Convening Authority's sign-off came yesterday, and now allows the Guantanamo case to proceed to arraignment. There are five charges in all---including denying quarter, attacking protected property, using treachery or perfidy, and (importantly) conspiracy, lasting from 1996 to October 29, 2006, to commit those and other offenses.
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The Convening Authority's sign-off came yesterday, and now allows the Guantanamo case to proceed to arraignment. There are five charges in all---including denying quarter, attacking protected property, using treachery or perfidy, and (importantly) conspiracy, lasting from 1996 to October 29, 2006, to commit those and other offenses.
As readers know well by now, the case tees up an important test within the commissions---both of the conspiracy offense's viability, with respect to conduct postdating the entry into force of the Military Commissions Act of 2006, on October 17, 2006; and of the government's effort to hold commission accused vicariously liable for completed war crimes.
Wells C. Bennett was Managing Editor of Lawfare and a Fellow in National Security Law at the Brookings Institution. Before coming to Brookings, he was an Associate at Arnold & Porter LLP.
