After a very long delay, and a couple of new presidential appointments of military judges to the court (resolving one of the two serious structural problems Steve has described elsewhere), the Court of Military Commission Review has finally issued its decision in the government’s interlocutory appeal on the MV Limburg aspect of the case against Abd al-Rahim Hussain al-Nashiri.… continue »
Tag Archive: USS Cole
On Wednesday, the DC Circuit is scheduled to hear oral arguments on a request to halt the military commission prosecution of Guantánamo detainee Abd al-Rahim Hussein al-Nashiri. The 51-year-old Saudi national is accused of, among other things, plotting the bombing of a US Navy ship docked in the port of Yemen in 2000 that killed 17 American sailors.… continue »
Thanks to Rogier Bartels and Kevin Heller for their fascinating debate here and at Opinio Juris on whether the alleged Israeli/U.S. car-bomb operation operation that killed Hezbollah’s Imad Mughniyah in a Damascus parking lot in 2008 violated the laws of war. … continue »
The important and difficult issues in the al-Nashiri case: When did the war begin? And was the COLE bombing a war crime?
The tragic bombing of the USS COLE by al Qaeda operatives in October 2000 was a heinous crime. Even if it occurred as part of an armed conflict between the United States and al Qaeda (about which more below), the suicide bombers were not privileged belligerents, and therefore they would not enjoy any “combatant immunity” from being charged with crimes under U.S.… continue »