Osama bin Laden
The US Supreme Court ruled May 18 in Opati v. Republic of Sudan that the Foreign Sovereign Immunities Act (FSIA) permits a punitive damages award against Sudan for the role it played in 1998 al-Qaeda bombings at the US embassies in Kenya and Tanzania. Following the bombings, victims and family members sued Sudan under the "state-sponsored terrorism exception" to the FSIA, but the act at the time included no provision for punitive damages in suits filed under the "exception." Congress amended the act in 2008 to allow punitive damages in such cases. A district court in 2017 awarded a $6 billion judgment against Sudan, but the US Court of Appeals for the District of Columbia ruled that the amendment did not allow plaintiffs to seek damages for attacks that occurred before its enactment. The Supreme Court disagreed, and held that Congress intended the amendment to apply retroactively.
The Committee to Protect Journalists has called on Saudi Arabia to immediately account for the whereabouts of prominent Saudi journalist Jamal Khashoggi, who has not been seen since entering the Saudi consulate in Istanbul on Oct. 2. Multiple news outlets reported Oct. 6 that Turkish authorities, who have been investigating his disappearance, believe that Khashoggi is dead and was killed inside the consulate. "CPJ is alarmed by media reports that Jamal Khashoggi may have been killed inside the Saudi Arabian consulate in Istanbul," said CPJ Deputy executive director Robert Mahoney. "The Saudi authorities must immediately give a full and credible accounting of what happened to Khashoggi inside its diplomatic mission. The country has stepped up its repression of critical journalists in the past year at home. We hope this has not now spread abroad."
More than 850 family members of victims of the 9-11 attacks filed a lawsuit (PDF) March 20 against the Kingdom of Saudi Arabia, alleging that the Saudi state provided support to al-Qaeda in multiple ways. First, it alleges that Saudi Arabian charities ran terrorist training camps in Afghanistan, working hand-in-hand with Osama bin Laden. The suit also claims that the Saudi government directly aided al-Qaeda by providing passports and transportation across the globe. Finally, the suit contends that certain Saudi officials worked with the hijackers in the US for the 18 months leading up to the attacks. The suit seeks unspecified damages, with the primary motive to hold Saudi Arabia accountable for the attacks.
A militant said to be al-Qaeda's second-in-command was killed by a US drone strike in Syria's Idlib governorate, rebel leaders said Feb. 27. Egypt-born Abu al-Khayr al-Masri (formerly Abdullah Muhammad Rajab Abdel Rahman), the son-in-law of Osama bin Laden, was reportedly a close aide to al-Qaeda's current leader Ayman al-Zawahiri. The drone attack on his vehicle was reported by Hay'at Tahrir al-Sham (Levant Liberation Body, HTS), a newly formed alliance led by Jabhat Fateh al-Sham, the former Nusra Front. (MEE, BBC News, Feb. 27) Two days earlier, HTS claimed responsibility for a suicide blast in Homs that killed a Syrian senior military intelligence official who was reportedly close to dictator Bashar Assad. The official, Gen. Hassan Daabul, was slain along with several others when a suicide bomber penetrated a security complex in the city. An HTS statement said its "inghimasi fighters" were responsible for the raid, and claimed that some 40 personnel were killed. (LWJ, Feb. 25)
A federal appeals court on Oct. 20 upheld (PDF) a conspiracy conviction of the former personal assistant to Osama bin Laden. The US Court of Appeals for the District of Columbia Circuit ruled that a military tribunal had jurisdiction to convict Ali Hamza Ahmad Suliman al-Bahlul. Bahlul was tried and convicted by a military commission created after September 11, 2001. A three-judge panel had thrown out the conspiracy conviction last year, and the Obama administration requested that the full appeals court reconsider the case. The issue in the case was whether the constitution grants Congress the ability to determine that conspiracy to commit war crimes is an offense triable by military commissions even though conspiracy crimes are not recognized as international war crimes. The majority determined that foreign nations could not have "a de facto veto power" over Congress' determination of which war crimes may be considered by a military tribunal:
The last Kuwaiti held at Guantánamo, Faiz Mohammed Ahmed al-Kandari, has been repatriated to his home country, the US Department of Defense announced Jan. 8. The Periodic Review Board (PRB) determined in September that "continued law of war detention of Al-Kandari does not remain necessary to protect against a continuing significant threat to the security of the United States." Al-Kandari was captured by unnamed Afghans and arrived at Guantánamo in May 2002 after being accused of serving as Osama bin Laden's "advisor and confidant." Kuwaiti authorities said the release showed progress in bilateral relations with the US. The release of all 12 Kuwaiti detainees followed strong efforts by Kuwait and high-profile Washington lawyers to secure their freedom. Al-Kandari is the third detainee to be resettled this week; 104 detainees remain at the detention center.
The European Center for Constitutional and Human Rights (ECCHR) on Oct. 19 filed a criminal complaint against a high-ranking CIA official for mistreatment of Khaled el-Masri, a German citizen who was detained and allegedly tortured for four months in 2003. El-Masri was on vacation in Macedonia when he was mistaken for Khalid al-Masri, a suspect in the Sept. 11, 2001, terrorist attacks. El-Masri was then transported to Afghanistan where he was detained and questioned for four months under the direction of Alfreda Frances Bikowsky. At the time, Bikowsky was deputy chief of the Central Intelligence Agency's Bin Laden Issue Station. ECCHR asserts in the complaint that the US Senate Torture Report ties Bikowsky to el-Masri's detention, and ECCHR requests that the German federal prosecutor investigate.
The Obama administration on Sept. 25 notified Congress of its plan to release Guantánamo Bay inmate Shaker Aamer to the United Kingdom next month. Aamer, who was captured in Afghanistan in 2001, is the final British resident held in the United States' military prison. Although he denies association, Aamer allegedly held close ties to Osama Bin Laden and al-Qaeda, and fought in the battle of Tora Bora. Now the Saudi national, who married a British citizen in 1990, will be sent back to the UK in mid-October, following a long run of lobbying by British politicians and celebrities to have Aamer released.