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Law and Security |
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The Case of Ali Hamza Ahmed Sulayman al Bahlul, YemenAli Hamza Ahmed Sulayman al Bahlul, a native of Yemen, was one of six men designated in July 2003 by President Bush as eligible for trial by military commission under the President's Military Order of November 13, 2001. On June 28, 2004, the Department of Defense formally referred charges against al Bahlul for trial by military commission. A preliminary hearing began the week of August 23, 2004. But commission hearings were halted following the U.S. Supreme Court decision in Hamdan v. Rumsfeld, 126 S.Ct. 2749 (2006), holding that the President had exceeded his authority in establishing the military commissions. The Court also ruled that the commissions violated U.S. military law and the Geneva Conventions. In response to Hamdan, Congress passed the Military Commissions Act of 2006 (“MCA”), which established new military commission procedures. New charges were sworn against al Bahlul pursuant to the MCA on February 8, 2008. The charges include conspiracy and solicitation to commit murder of protected persons; attacking civilian objects; murder in violation of the law of war; destruction of property in violation of the law of war; terrorism; and providing material support for terrorism. The new charges reiterate the original allegations that al Bahul traveled to Afghanistan in February 1999 to receive training at an al Qaeda camp, and prepared and assisted in the preparation of various propaganda videos designed to recruit and indoctrinate members into al Qaeda. The government additionally contends that al Bahul researched the economic effects of the September 11 attacks on the United States, served as Osama bin Laden’s personal and media director, and maintained media communications equipment on behalf of senior al Qaeda members. The charges against al Bahul were referred for military commission trial on February 26, 2008. Al Bahlul’s arraignment is scheduled for May 7, 2008. The following are external links: |
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PublicationsHuman Rights First has written a series of reports on the erosion of civil liberties in the U.S. since 9/11. The three reports, and the dates they cover, are:Assessing the New Normal Imbalance of Powers A Year of Loss Latest NewsPosner speech: National Security After September 11 -- A Rights Perspective (2/7/04) U.S.: Pentagon Denies Rights Groups Access to Guantanamo Trials (02/24/04) |
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