Hamdan, Salim Ahmed fr

Country of proceedings: United States
Context of crimes: War on terrorism
Date: 2002 – 2006
Keywords: Terrorism, Law of armed conflicts (combatant/non-combatant, detention)

Court documents

Hamdan v. Rumsfeld
08-11-2004 - District Court for D.C.: Decision
15-07-2005 - Court of Appeals for the District of Columbia: Decision
29-06-2006 - Supreme Court: Decision
18-07-2008 - District Court for D.C.: Memorandum order

Military Commissions proceedings
02-02-2007 - Sworn Charges
10-05-2007 - Referred Charges

All Military Commission Case Documents

Presentation of the case

Salim Ahmed Hamdan is a Yemeni citizen captured in Afghanistan, where he was the driver of Ossama Bin Laden. He was transferred to Guantanamo in June 2002. He was designated out of a small group of detainees to be tried before a military commission and was charged with conspiracy in 2004. In April of the same year, Hamdan filed a petition for writ of Habeas Corpus and on 8 November 2004, the U.S. District Court of Columbia found the U.S. could not hold military commissions as long as the status of the accused was not defined. On 15 July 2005, the U.S. Court of Appeals for the District of Columbia reversed this decision, whilst arguing that military commissions are legitimate if approved by the Congress; and stating that Al Qaeda members are not covered by the Geneva Conventions.

On 7 November 2005, the Supreme Court issued a writ of certiorari to hear the case and announced its decision on 29 June 2006. The Court reversed the Court of Appeals’ decision, considering that Guantanamo military commissions are illegal under U.S. law and the Geneva Conventions.

On 6 August 2008, a U.S. Jury of six military officers convicted Salim Ahmed Hamdan of providing material support for terrorism. He was acquitted on the charge of conspiracy and three of the eight counts of material support. According to the Prosecutors, Hamdan aided terrorism by becoming a member of al-Qaida in Afghanistan and serving as bin Laden's armed bodyguard and driver while knowing that the al-Qaida leader was plotting attacks against the U.S.

Other cases before the Military Commissions