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Guantánamo Jury to Decide Fate of Battlefield Commander’s Case

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A military jury at Guantánamo Bay is currently deliberating the sentence for an admitted war criminal, Abd al-Hadi al-Iraqi, who has been portrayed by prosecution and defense lawyers in contrasting lights. The 63-year-old prisoner, captured in 2006 and pleading guilty in 2022, faces a potential 25- to 30-year sentence under the terms of his agreement.

The closing arguments in the case focused on Mr. Hadi’s role in wartime Afghanistan, with the prosecution labeling him as a senior member of Al Qaeda responsible for war crimes, including the deaths of 17 U.S. and foreign coalition soldiers in the early 2000s. The defense, on the other hand, argued that Mr. Hadi’s actions were acts of war, not terrorism, and that he did not abandon the rules of warfare entirely.

The lead prosecutor, Douglas J. Short, described Mr. Hadi as a key figure in Al Qaeda’s operations in Afghanistan, while the defense attorney, Maj. Lucas R. Huisenga, painted a picture of a broken man suffering from a debilitating spine disease and constant pain.

The case has been in pretrial proceedings for a decade, with the prisoner revealing his true name as Nashwan al-Tamir during the course of the trial. The jury, made up of U.S. Army, Marine, and Air Force officers, heard testimony from victims of attacks by Mr. Hadi’s forces and a statement from the prisoner himself.

The outcome of the jury’s deliberations could have far-reaching implications for Mr. Hadi’s future, including the possibility of release to the custody of a trusted country for specialized care. The decision will ultimately rest on how the military officers, many of whom are veterans of the U.S. wars in Afghanistan and Iraq, view the crimes of the admitted war criminal.

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