Hicks, David fr

Country of proceedings: United States
Context of crimes: War on terrorism (Afghanistan)
Date: 2001 – 2007
Keywords: Terrorism, Law of armed conflicts (combatant/non-combatant, detention)

David Hicks, also known as the “Australian Taliban”, was captured in Afghanistan on December 2001 and brought to the Guantanamo Bay Camp on January 2002. On February 2002, David Hicks challenged the legality of his detention in the U.S District Court of Columbia, together with two British nationals (see Rasul v. Bush).

David Hicks was first charged on 26 August 2004 with conspiracy, attempted murder and aiding the enemy, but on 29 June 2006, the military commission which tried him was abolished after the Supreme Court (Hamdan v. Rumsfeld) ruled that military tribunals were unlawful.

David Hicks was charged a second time on 3 February 2007 with providing material support for terrorism and attempted murder, and on 26 March 2007 he pleaded guilty of providing material support for terrorism. Following a plea agreement, David Hicks was sentenced to nine months' imprisonment on 31 March 2007. He was the first Guantanamo prisoner to be officially convicted.

Court Documents

Habeas Corpus proceedings
31-08-2004 - District Court: 2nd amended petition for the writ of Habeas Corpus

Military Commissions Proceedings
26-08-2004 - Charges
18-10-2004 - Prosecution response to defense motion
02-02-2007 - Sworn Charges
01-03-2007 - Referred Charges

Record of trial (26 and 30 March 2007)

Other cases before the Military Commissions