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Selim Ahmed Hamdan strikes again


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Seems this terrorist scum couldn't be convicted of "aiding and supporting terrorism" because there is no such crime under international law. Certainly its a crime in the USofA but only since 2006 and not before.

In short, neither the major conventions on the law of war

nor prominent modern international tribunals nor leading

international-law experts have identified material support for

terrorism as a war crime. Perhaps most telling, before this

case, no person has ever been tried by an international-law

war crimes tribunal for material support for terrorism.

Not surprisingly, therefore, even the U.S. Government

concedes in this case that material support for terrorism is not

a recognized international-law war crime. No treaty that the

Government has cited or that we are aware of identifies

material support for terrorism as a war crime. And the

Government further admits: The “offense of providing

material support to terrorism, like spying and aiding the

enemy, has not attained international recognition at this time

as a violation of customary international law.”

To be sure, there is a strong argument that aiding and

abetting a recognized international-law war crime such as

terrorism is itself an international-law war crime. And there

are other similar war crimes. But Hamdan was not charged

with aiding and abetting terrorism or some other similar war

crime. He was charged with material support for terrorism.

And as the Government acknowledges, aiding and abetting

terrorism prohibits different conduct, imposes different mens

rea requirements, and entails different causation standards

than material support for terrorism. If the Government

wanted to charge Hamdan with aiding and abetting terrorism

or some other war crime that was sufficiently rooted in the

international law of war (and thus covered by 10 U.S.C.

§ 821) at the time of Hamdan’s conduct, it should have done

so.

(snip)

In short, material support for terrorism was not an

international-law war crime under 10 U.S.C. § 821 at the time

Hamdan engaged in the relevant conduct.

Because we read the Military Commissions Act not to

sanction retroactive punishment for new crimes, and because

material support for terrorism was not a pre-existing war

crime under 10 U.S.C. § 821, Hamdan’s conviction for

material support for terrorism cannot stand. We reverse the

decision of the Court of Military Commission Review and

direct that Hamdan’s conviction for material support for

terrorism be vacated.

So ordered.

from "United States Court of Appeals

FOR THE DISTRICT OF COLUMBIA CIRCUIT

Argued May 3, 2012 Decided October 16, 2012

No. 11-1257

SALIM AHMED HAMDAN,

PETITIONER

v.

UNITED STATES OF AMERICA,

RESPONDENT

On Petition for Review from the

United States Court of Military Commission Review"

pdf file found at http://jurist.org/paperchase/2012/10/federal-appeals-court-vacates-hamdan-conviction.php

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Seems this terrorist scum couldn't be convicted of "aiding and supporting terrorism" because there is no such crime under international law. Certainly its a crime in the USofA but only since 2006 and not before.

Shhh, if it was a crime anywhere outside the US, the US might get charged with it too. Best for all concerned if this terrorist get to have it's cake and eat it too don't you think?

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