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Commander of Afghan Insurgency Pleads Guilty at Guantánamo Bay

June 14, 2022
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GUANTÁNAMO BAY, Cuba — An Iraqi prisoner who commanded insurgents in the course of the U.S. struggle in Afghanistan pleaded responsible on Monday to struggle crimes costs associated to deadly assaults on allied troopers in 2003 and 2004, in a deal that might hand him off to the custody of one other nation by 2024.

Abd al-Hadi al-Iraqi, now in his 60s, spent a lot of the daylong listening to responding, “Yes, your honor,” to the questions of the army decide, Lt. Col. Mark F. Rosenow, a couple of secret account of his actions in Afghanistan as a co-conspirator with Osama bin Laden and different prime Qaeda leaders between 1996 and 2003. The account included greater than 100 objects.

He might be sentenced to 10 years in jail, a lot of it to be served within the custody of one other nation, underneath a plea settlement that has but to be made public.

He pleaded responsible to the standard struggle crimes of attacking protected property — a U.S. army medevac helicopter that insurgents who answered to him didn’t shoot down in Afghanistan in 2003 — and of treachery and conspiracy linked to rebel bombings that killed at least three allied troops, one every from Canada, Britain and Germany.

Those allied troopers have been killed by automobile bombs or suicide bombers posing as civilians, the decide stated. If Mr. Hadi had recognized prematurely in regards to the plans, he had an obligation to cease them. If he had possessed no prior information, the decide stated, Mr. Hadi had an obligation to punish the perpetrators.

Reporting From Afghanistan

But the plea deal nonetheless represented a drastic scaling again of the federal government’s costs in opposition to him. None of the crimes to which he pleaded responsible made him instantly or not directly accountable for some of essentially the most severe allegations made by army prosecutors after they charged him in 2014.

Gone from his case have been allegations that he was half of the sweeping Qaeda conspiracy to rid the Arabian Peninsula of non-Muslims. Nor was there any declare of duty or information of the Sept. 11 assaults, which prompted the creation of the Guantánamo jail and the struggle courtroom.

None of the fees held him accountable for the destruction by the Taliban of monumental Buddha statues in Afghanistan’s Bamiyan Valley, a UNESCO World Heritage web site, in March 2001. Nor did the fees tie him to the 2003 assassination by insurgents of a French employee for the United Nations reduction company.

Mr. Hadi, who says his actual identify is Nashwan al-Tamir, was captured in Turkey in 2006 and delivered to Guantánamo Bay the subsequent 12 months. Efforts to deliver him to trial have been slowed by the coronavirus pandemic and by his well being. He has a degenerative spinal illness that has left him paralyzed at occasions.

Plea talks within the case began this 12 months underneath a brand new Biden-era push to shut the Guantánamo jail, which has an growing older detainee inhabitants and restricted capability to offer well being care with out airlifting in specialists and tools.

Under Mr. Hadi’s plea settlement, which was reached in May and refined over the weekend, a army jury will hear the proof in opposition to him and be requested to decide on inside a variety of 25 to 30 years of confinement, beginning along with his plea.

Once that’s accomplished, in accordance with the deal, the senior Pentagon official accountable for overseeing the struggle courtroom will cut back it to 10 years.

The settlement postpones sentencing for 2 years, offering time his attorneys hope might be enough to discover a sympathetic nation to obtain him and supply him with lifelong medical care. His spinal illness has required 5 operations in lower than a 12 months at Guantánamo and has left him counting on a wheelchair and walker — and in want of extra surgical procedure to handle his periodic paralysis.

“He pleaded guilty for his role as a frontline commander in Afghanistan,” stated his lawyer, Susan Hensler, who’s compensated by the Pentagon. “He has been in custody for 16 years, including the six months he spent in a C.I.A. black site. We hope the United States makes good on its promise to transfer him as soon as possible for the medical care he desperately needs.”



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