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Jury hears closing argument in Hamdan trial

Prosecutors for the U.S. government Monday tried to paint Yemeni Salim Hamdan, the former driver for Osama bin Laden, as an enabler for the head of al-Qaida, a report said.

His defense team, however, – as well as those who knew him, including alleged Sept. 11 mastermind Khalid Sheik Mohammad, – said Hamdan was a low-level laborer, claiming “changing lug nuts and oil filters” hardly amount to war crimes.

Hamdan was captured in Afghanistan in November 2001 with two missiles in the trunk of his vehicle and an AK-47. If convicted of conspiracy to support al-Qaida, a war crime under U.S. military code, he could receive a life sentence. Additionally, if Hamdan is sentenced to a longer term than the 9-month sentence for David Hicks, an Australian who trained with al-Qaida fighters, the entire tribunal system may come into question yet again.

If he is acquitted, however, or sentenced to a term less than the six years he has spent at Gauntanamo Bay, the United States could continue his detention as an “unlawful enemy combatant” indefinitely, or until the so-called war on terror comes to an end. 

Government lawyers say Hamdan's role in the al-Qaida infrastructure was as the last line of defense for the terrorist leader.  Defense officials countered that Hamdan, however, was largely cooperative with his captors and took U.S. forces on a guided tour of al-Qaida safe havens throughout Afghanistan, adding his role was that of a servant and not an accomplice.

“Hitler's driver was never charged with a war crime and it doesn't work that way today,” defense lawyer Joseph McMillan said.

 

Author

Daniel Graeber

Daniel Graeber is a writer for United Press International covering Iraq, Afghanistan and the broader Levant. He has published works on international and constitutional law pertaining to US terrorism cases and on child soldiers. His first major work, entitled The United States and Israel: The Implications of Alignment, is featured in the text, Strategic Interests in the Middle East: Opposition or Support for US Foreign Policy. He holds a MA in Diplomacy and International Conflict Management from Norwich University, where his focus was international relations theory, international law, and the role of non-state actors.

Areas of Focus:International law; Middle East; Government and Politics; non-state actors

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