Defense: Guantanamo Detainee Is Soldier, Exempt From War Crimes Charges

A U.S. military lawyer for a Guantanamo Bay, Cuba, detainee described as an al-Qaida commander said on Monday he may be classified as a soldier under international war rules – and therefore exempt from prosecution – so charges against him should be dropped.

Marine Lt. Col. Tom Jasper asked a judge to dismiss multiple charges against Abd al Hadi al-Iraqi, accused of commanding attacks on coalition forces in Afghanistan, killing civilians and conspiring to assassinate Pakistani President Pervez Musharraf.

Jasper said Article 5 of the Third Geneva Conventions of 1949 might classify Hadi al-Iraqi as a “lawful combatant” and, as a prisoner of war, grant him immunity from prosecution for lawful acts of war.

“The bottom line, sir, is that at this point Hadi al-Iraqi could not be tried by this tribunal,” Jasper told the judge during the hearing at the Guantanamo Bay prison that was shown over closed-circuit television at Fort Meade, Maryland, media center.

More evidence and hearings are needed to define Hadi al-Iraqi’s status, Jasper said.

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