American law
Will Cheney's Chauffeur Be Next in the Dock?
Driving Bin Laden
By BINOY KAMPMARK
Driving bin Laden in the 1990s has proven hazardous for Yemeni citizen Salim Hamdan, who has been convicted by a jury of American military officers after a two-week trial by military commission at Guantánamo Bay. The accusations leveled at Hamdan centred on the transport of missiles for Al Qaeda and the aiding and abetting bin Laden's escape from Afghanistan after the September 11 attacks. Eight counts of supporting terrorism and two counts of conspiracy were filed by the prosecution.
The verdict then. Hamdan was found guilty on five counts of aiding terrorism by serving as bin Laden's armed bodyguard and driver in Afghanistan whilst knowing that he was intent on attacking the United States. Hamdan was cleared of the important charge of conspiracy after some eight hours of jury deliberations.
Despite the fantastic insistence by the White House that the commissions abide by a framework of international law, mandated by the Supreme Court, the system continues to possess defects that render it incurable. The case still reeks of that fetid air of torture (what Bush has called ?'an alternative set of procedures') and the entire process behind extracting confessions within the Gitmo system.
Evidence was admitted by the commission that would never had seen the light of day in a civilian or standard US military court, another elastic addition to the undermining of law by the Bush Administration. Allegations that the CIA had engaged in brutal conduct against Hamdan on route to detention were not heard. Crucial parts of the trial were also held in secret.
A mixed verdict doesn't necessarily make it a just one. Nor does being a driver make one a member of a terrorist network, let alone complicit in terrorist attacks, but wobbly reasoning continues to remain the province of the illegal and specious.
Binoy Kampmark was a Commonwealth Scholar at Selwyn College, University of Cambridge. He can be reached at
[email protected]
http://www.counterpunch.org/kampmark08072008.html