The Case of Ibrahim Ahmed Mahmoud al Qosi, Sudan

The Department of Defense issued its first set of charges against Ibrahim Ahmed Mahmoud al Qosi for trial by military commission on February 6, 2004. But those charges were dismissed 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 Qosi pursuant to the MCA on February 8, 2008. Al Qosi is accused of conspiring with Osama bin Laden and al Qaeda members to target, attack and murder civilians; attacking civilian objects; committing murder and destroying property in violation of the law of war; committing terrorism; and providing material support for terrorism. The government reiterates its original allegations that, between 1996 and 2001, al Qosi served as an armed guard and driver for Osama bin Laden, and from 1998 onwards, provided logistical, security, transportation, and supply services for an al Qaeda compound in Kandahar, Afghanistan. Al Qosi is additionally accused of traveling to Kabul to fight as part of an al Qaeda mortar crew near the front line.

The charges against al Qosi were referred for military commission trial on March 5, 2008. During his arraignment on April 10, 2008, al Qosi read a prepared statement indicating his intention to boycott the proceedings as illegitimate and rejecting representation by his appointed counsel. Al Qosi's counsel stated she had been denied access to her client.

At his pretrial hearing on May 22, 2008, al Qosi rejected his Pentagon-appointed lawyers and requested that he be allowed to contact his family to seek their help in finding an attorney from Sudan. Judge Nancy Paul ordered al Qosi’s attorneys to work with the ICRC to arrange a phone call to al Qosi’s family by July 1.

A Sudanese attorney attended al Qosi’s November 18, 2008 hearing at which defense counsel argued for the dismissal of charges on grounds the Bush Administration exceeded its authority by creating conspiracy as a war crime. They also sought to grant the Sudanese attorney permission to meet privately with al Qosi.

Following a 120-day continuance at the request of the Obama Administration, pretrial hearings are scheduled to resume on July 15, 2009.

• Sworn Charges (February 8, 2008)
• Charges Referred for Trial (March 5, 2008)
• Order of Judge Paul L. Friedman (November 18, 2004) - PDF 26KB
• al Qosi Habeas Petition and Complaint (November 8, 2004) - PDF 2.6MB
• al Qosi Referral and Charge Sheet (June 28, 2004) - PDF 206KB
• Case Motions
• DOD Press Release (February 24, 2004)
• DOD Press Release (June 29, 2004)

• Order of Judge Paul L. Friedman (November 18, 2004) - PDF 26KB
• al Qosi Habeas Petition and Complaint (November 8, 2004) - PDF 2.6MB
• al Qosi Referral and Charge Sheet (June 28, 2004) - PDF 206KB
• Case Motions
• DOD Press Release (February 24, 2004)
• DOD Press Release (June 29, 2004)