Australian citizen David Hicks [5] filed a motion (PDF [6]) to dismiss his conviction in the US Court of Military Commission Review [7] on Aug. 20 after pleading guilty in 2007 for war crimes that took place before 2001 in exchange for his release. Hicks was captured in Afghanistan shortly after Sept. 11, 2011, and brought to the detention facility in Guantánamo Bay the day that it opened. The Center for Constitutional Rights [8] (CCR) and co-counsel Joseph Margulies filed a motion asking the military commission to vacate Hicks' conviction for "material support for terrorism," following the US Court of Appeals for the DC Circuit [9]'s 2012 decision in Hamdan v. United States [10] (PDF [11]), which held that material support for terrorism is not a war crime and, thus, is beyond the jurisdiction of military commissions. Hicks' original appeal in November was stayed pending the ruling in Al-Bahlul v. United States [12] (PDF [13]), which similarly held [14] last month that material support is not a war crime and cannot be tried by military commission. Hicks was the first person to be convicted in a military commission. After his release from Guantánamo, Hicks returned to Australia under a one-year gag order that prohibited him from speaking to the media. As part of his plea, he was also prevented from taking legal action against the US and required to withdraw allegations that the US military abused him.
From Jurist [15], Aug. 21. Used with permission.
