August 6, 2008

SEE THE WEAK HORSE:

Bin Laden driver convicted at Guantanamo of aiding terror (Carol J. Williams, August 6, 2008, Los Angeles Times)

A military jury Wednesday convicted Osama bin Laden's driver of providing material support to terrorism but acquitted him of the more serious charge of conspiracy.

Salim Ahmed Hamdan quietly collapsed in tears at the defense table...


Posted by Orrin Judd at August 6, 2008 11:39 AM

Fascinating.

Imagine having convicted captured SS-men for having given material support to Nazism. The subtstantive criminal law implications here are profound. The tribunal has recognized at least al-Qaeda as a criminal organization, in which mere participation constitutes a crime, almost a RICO.

We can forsee this argument on appeal. How can this be a crime, unless the great RICO is crime itself.

The linked article throws out a reference to an opinion that those detainees not found guilty of crimes against the Law of Armed Conflict* may be detained as prisoners of war untill the cessaion of hostilities. This is a curious notion as war between the civilized world and the spiritual jailhouse has persisted since the seventh century.
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*This term is sometimes used as a substitute of the expression "Law of War" to remind us that neither formal declaration of war nor conflict between sovereign powers is required to invoke its jurisdiction.

Posted by: Lou Gots at August 7, 2008 3:59 AM

Even anarchist terrorism was organized crime.

Posted by: oj at August 7, 2008 7:54 AM
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