The US Court of Military Commission Review [4] on Feb. 18 set aside the terrorism convictions (PDF [5]) of former Guantánamo detainee David Hicks [6]. Hicks pleaded guilty in 2007 to providing material support to terrorism, which was one of the few cases of successful prosecution of a Guantánamo detainee. In 2014, an appeals court decided that material support was not a valid war crime, but Hicks had previously agreed not to make any appeals as part of his plea bargain. The US military court rejected this condition, however, allowing Hicks' appeal. One of Hicks' lawyers said last month that the US government had admitted his conviction was incorrect [7] and did not dispute Hicks' innocence.
In recent months the US government has released several detainees, including some held at the facilities at Guantánamo. In late January a defense lawyer sought [8] to have the charges dropped against Guantánamo prisoner Abd al-Hadi al-Iraqi [9], arguing that the US is violating international law and the Constitution by prosecuting him for war crimes. In early January, Ali bin Kahlah al-Marri [10], a Qatari man arrested shortly after the 9-11 attacks and labeled an "enemy combatant" was released [11] and returned to his home nation.
From Jurist [12], Feb. 19. Used with permission.
