War on terror trials launch legal battle for US

GUANTANAMO BAY – The United States faces an epic legal battle as it launches military tribunals today for four war on terror detainees, including an Australian Taliban fighter.

Salim Ahmed Hamdan, a Yemeni former driver and bodyguard for Osama bin Laden, will be the first to be formally charged with war crimes when he appears before a military commission at the Guantanamo Bay US Naval Base in Cuba this morning. Australian David Hicks will follow on Wednesday and another Yemeni and a Sudanese will follow later in the week.They are also charged with conspiracy to act for al Qaeda leader Osama bin Laden.US military authorities have insisted the trials will be open and fair.But critics say they do not meet US or international law because the detainees and evidence against them have been shrouded in secrecy.American lawyers for Hamdan and others among the 585 Taliban and al Qaeda detainees held at Guantanamo have already started legal action in US courts that is expected to end at the Supreme Court.Each defendant faces charges of conspiracy to commit war crimes, while Hicks, a 29-year-old who went to Afghanistan after converting to Islam, also faces a charge of attempted murder.US authorities have promised that none of the four will face the death penalty.But they could be jailed for life and there is no guarantee that others tried on the same charges in the future will not be sentenced to death.Hamdan’s military-appointed lawyer, Lieutenant Commander Charlie Swift, has been one of the leading critics of the US military.”We just have not been given enough information and access to proceed with hearings as important as these,” he said.Swift said he will concentrate this week on trying to convince the commission of five military officers that US courts should first rule on the legality of the tribunals before full trials go ahead.He has started action in the civilian US courts to get a ruling that the treatment of Guantanamo detainees has been illegal.The US Supreme Court ruled in June that military authorities had not given inmates their full rights.Legal experts predict a new ruling will be made on the military commissions.- Nampa-AFPAustralian David Hicks will follow on Wednesday and another Yemeni and a Sudanese will follow later in the week.They are also charged with conspiracy to act for al Qaeda leader Osama bin Laden.US military authorities have insisted the trials will be open and fair.But critics say they do not meet US or international law because the detainees and evidence against them have been shrouded in secrecy.American lawyers for Hamdan and others among the 585 Taliban and al Qaeda detainees held at Guantanamo have already started legal action in US courts that is expected to end at the Supreme Court.Each defendant faces charges of conspiracy to commit war crimes, while Hicks, a 29-year-old who went to Afghanistan after converting to Islam, also faces a charge of attempted murder.US authorities have promised that none of the four will face the death penalty.But they could be jailed for life and there is no guarantee that others tried on the same charges in the future will not be sentenced to death.Hamdan’s military-appointed lawyer, Lieutenant Commander Charlie Swift, has been one of the leading critics of the US military.”We just have not been given enough information and access to proceed with hearings as important as these,” he said.Swift said he will concentrate this week on trying to convince the commission of five military officers that US courts should first rule on the legality of the tribunals before full trials go ahead.He has started action in the civilian US courts to get a ruling that the treatment of Guantanamo detainees has been illegal.The US Supreme Court ruled in June that military authorities had not given inmates their full rights.Legal experts predict a new ruling will be made on the military commissions.- Nampa-AFP