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| August 8, 2008 |
| First Guantanamo War Crimes Trial Ends in Split Verdict and Short Sentence By Anthony Dworkin |
Salim Hamdan, the former driver of Osama bin Laden, became the first defendant to be sentenced by the military commissions at Guantanamo Bay on August 7, receiving a sentence of five and a half years for providing material support for terrorism. The day before, the panel of military officers trying Hamdan had found him guilty of the material support charge, but acquitted him of the more serious charge of conspiracy. Hamdan will receive credit for the time he has been held since being charged before the military commissions, totalling 61 months (itself a striking indication of how drawn out the trial process at Guantanamo has been). This means that Hamdan will have completed his sentence by the end of the year. However, in a reminder of the extraordinary nature of the Guantanamo regime, Hamdan will not be released when his sentence is completed. A Pentagon spokesman confirmed on August 5 that he will continue to be classed as an enemy combatant, liable for continued detention unless one of the regular Administrative Review Boards gives clearance for his release. Hamdan has the right to appeal to a special appeals court, the Court of Military Commissions Review, and then to the US Court of Appeals for the District of Columbia and the US Supreme Court. One issue likely to be raised by his lawyers in the review process is whether material support for terrorism constitutes a crime under the laws of war. The presiding judge ruled that it was a crime under this body of law, but the majority of legal scholars dispute this point.
Related Chapters from Crimes of War: What the Public Should Know 2.0: Related Links: Military Commissions Home Page U.S. Department of Defense Conviction Flawed in First Guantanamo War Crimes Trial Human Rights First August 6, 2008 By Stacy Sullivan Human Rights Watch, August 7, 2008 Why Hamdan's Material Support Convictions Violate the Ex Post Facto Clause By Kevin Jon Heller Opinio Juris blog, August 7, 2008
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