DOD Announces Charges Referred Against Detainee Abd al Hadi al Iraqi
June 03, 2014

The Defense Department announced today that the convening authority, Office of Military Commissions, referred charges to a military commission in the case of “United States v. Abd al Hadi al Iraqi.”

The charges allege that Abd al Hadi, as a senior member of al Qaeda, conspired with and led others in a series of unlawful attacks and related offenses in Afghanistan, Pakistan, and elsewhere from 2001 to 2006. These attacks and other offenses allegedly resulted in the deaths of U.S. and coalition service members. Specifically, the charges allege that –

• Abd al Hadi joined al Qaeda by 1996;
• in furtherance of the group’s hostile and terrorist aims, he served as a high-ranking leader on various senior councils which set al Qaeda’s agenda and policies;
• he was a significant al Qaeda liaison to the Taliban, to al Qaeda in Iraq, and to other affiliated groups;
• Abd al Hadi commanded al Qaeda’s insurgency efforts in Afghanistan and Pakistan, during which he supported, supplied, funded, and/or directed attacks against U.S. and coalition forces;
• these operations made use of a variety of unlawful means, including attacking civilians; detonating vehicle borne improvised explosive devices (VBIEDs) and suicide vests in civilian areas; and firing upon a medical helicopter as it attempted to recover casualties; and
• Abd al Hadi directed his fighters to kill all coalition soldiers encountered during their attacks, thereby denying quarter to potential captive or wounded coalition troops.

The charges allege that following his tenure as commander of al Qaeda’s insurgency in Afghanistan and Pakistan, Abd al Hadi continued to participate as part of al Qaeda leadership and was ultimately assigned by Usama bin Laden to travel to Iraq to assume a position among the leadership of al Qaeda’s insurgency there.

Abd al Hadi is also charged with knowingly conspiring and agreeing with Usama bin Laden and other al Qaeda leaders to commit offenses triable by military commission, to include: terrorism; denying quarter; using treachery or perfidy; murder of protected persons; attacking protected property; attacking civilians; attacking civilian objects; and employing poison or similar weapons.

The convening authority referred the charges to a non-capital military commission. In accordance with military commission rules and procedures, the chief trial judge of the Military Commissions Trial Judiciary will assign a military judge to the case, and Abd al Hadi will be arraigned at Guantanamo within 30 days of service of the referred charges upon him.

The charges are only allegations that the accused has committed offenses punishable under the Military Commissions Act, and the accused is presumed innocent unless proven guilty beyond a reasonable doubt.

More information, including the relevant charge sheet, is available at the Office of Military Commissions website at http:/www.mc.mil.