A army jury on Wednesday started deliberating a sentence for an admitted struggle prison at Guantánamo Bay after prosecution and protection attorneys portrayed the prisoner as, alternately, a senior member of a world Qaeda conspiracy or a battlefield commander defending Afghanistan from the U.S. invasion.
Many of the U.S. officers serving on the 11-member panel are themselves veterans of the U.S. wars in Afghanistan and Iraq. How they view the crimes of the person known as Abd al-Hadi al-Iraqi might affect the size of his sentence, and whether or not they heed his lawyer’s request to advocate clemency.
The closing arguments targeted on the battlefield in wartime Afghanistan, in distinction to the courtroom’s higher recognized instances, the Sept. 11, 2001, assaults and the usS. Cole bombing in 2000, that are portrayed as acts of terrorism.
Mr. Hadi, 63, who was captured in 2006, pleaded responsible in 2022. Under the phrases of his settlement, he’s to obtain a sentence within the 25- to 30-year vary. But he may very well be launched to the custody of a trusted nation, if one might be discovered that can give him specialised take care of a paralyzing backbone illness that has left him disabled.
Douglas J. Short, the lead prosecutor, known as Mr. Hadi a “senior member of probably the most infamous conspiracies thus far, Al Qaeda,” who joined the motion earlier than the Sept. 11 assaults and didn’t surrender the struggle when the United States invaded. Mr. Short mentioned that Mr. Hadi put civilians in hurt’s manner in a marketing campaign of suicide bombings and different operations within the early 2000s in Afghanistan, when the United States was pursuing a “hearts and minds” technique.
He provided a timeline of the deaths of 17 U.S. and overseas coalition troopers in 2003 and 2004. They had been struggle crimes, he mentioned, as a result of the Taliban and Qaeda forces who carried them out blended in with the civilian inhabitants and used unorthodox strategies of warfare, reminiscent of turning civilian taxis into bombs by packing them with explosives.
“He had his males feign civilian standing to ask confidence, after which betray that confidence,” Mr. Short mentioned, including that Mr. Hadi had served as Qaeda’s senior discipline commander for a time in Afghanistan and had relied on the help of Osama bin Laden.
The case has been in pretrial proceedings for a decade, so lengthy that Mr. Short’s time as a Navy reservist ran out. He continued to prosecute it as a civilian, buying and selling his uniform for a enterprise go well with.
In the course of the case, the prisoner revealed that his true title was Nashwan al-Tamir, though he didn’t dispute that he was referred to as Hadi, the Iraqi, whereas he was in Afghanistan.
In distinction, Maj. Lucas R. Huisenga, the lawyer who argued the defendant’s facet, joined the protection staff final summer time. He served two excursions in Iraq between 2003 and 2006, as an enlisted Marine infantryman and scout sniper, after which left the service to change into a lawyer.
Major Huisenga advised the jury that what Mr. Hadi had accomplished “was not terrorism — it was struggle.” Mr. Hadi “fought and killed coalition forces” utilizing guerrilla ways that violated the legal guidelines of warfare, he mentioned.
He known as his shopper’s crimes “severe” however mentioned that Mr. Hadi “didn’t abandon” the foundations of warfare solely and instructed his troops to spare civilians.
He described Mr. Hadi as a “damaged man” who, because of his backbone illness and unsuccessful surgical procedures at Guantánamo, is in “horrible bodily well being” and in fixed ache. He “walked into U.S. custody and won’t be able to stroll out of it.”
In an analogy not heard earlier than within the 10-year-old case, the most important likened Mr. Hadi’s “guerrilla warfare” to ways utilized by U.S.-backed Ukrainian forces attempting to repel the Russian invasion. Major Huisenga additionally advised the panel that Mr. Hadi had fled his native Iraq in 1990 and had been drawn to the jihad in Afghanistan throughout the Soviet invasion, when U.S.-backed, anti-communist forces additionally used guerrilla ways.
He portrayed Mr. Hadi as a combatant who, after marrying an Afghan girl and having kids, lived amongst Afghans, not in Qaeda compounds. When the Qaeda management fled Afghanistan after the Sept. 11 assaults, Mr. Hadi stayed to struggle the “occupation of his adopted homeland,” Major Huisenga mentioned.
The members of the jury — U.S. Army, Marine and Air Force officers — had been airlifted to Guantánamo from bases throughout the United States and had earlier heard the testimony of victims of assaults by Mr. Hadi’s forces and an announcement from the prisoner.