Just Foreign Policy Iraqi Death Estimator    

Tuesday, May 31, 2005

YOU KNOW CHRISTY BOTH OUR GOVERNMENTS SUCK BIG TIME
THIS KID IS GOING TO GO FREE I FEEL IT IN MY BONES, AND THEY HAVE LOCKED HIM UP AND TORTURED HIM FOR 3 1/2 years.

New doubts about validity of Hicks charges
By Marian Wilkinson National Security EditorJune 1, 2005

Four international lawyers, including the former top human rights investigator in Afghanistan for the United Nations, have raised strong doubts about the legal basis of the US military's case against David Hicks, who has been held at Guantanamo Bay, Cuba, for 3½ years.

Hicks is to face trial by a special US military commission on charges of conspiracy to attack civilians, attempted murder of coalition forces and aiding the enemy in Afghanistan. But the four lawyers have provided sworn statements to Hicks's defence team arguing the charges against him are flawed because they do not exist in international criminal law, do not outline a war crime or are too vague.

The lawyers are: Cherif Bassiouni, who investigated human rights abuses in Afghanistan; Antonio Cassese, chairman of the UN's inquiry into genocide in Darfur, Sudan, who also worked on war crimes cases in Yugoslavia; Michael Schmitt, a retired US Air Force judge advocate; and Tim McCormack, Australian professor of international humanitarian law at the University of Melbourne.

Professor McCormack's affidavit says that the charge of "aiding the enemy" is untenable, as Hicks's own government found he had not broken any Australian law.

There has still been so far no suggestion that he fired at an American or injured any US serviceman," Major Mori said. "The prosecution argues he was fighting on the Taliban side, but so were tens of thousands of others."

But the Attorney-General, Philip Ruddock, told the Herald that in recent talks with the US Attorney-General, Alberto Gonzales, he was assured "that the case against Hicks rests on substantial evidence" and the Pentagon intended to proceed with the military commission trial as soon as possible.>>>continued

http://www.smh.com.au/articles/2005/05/31/1117305619374.html

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