The US defence department is at loggerheads with the chief prosecutor at Guantánamo Bay over what the charges should be. The five men, whose pretrial hearings reconvene at the naval base next week, face eight different charges.
However, Brig Gen Mark Martins, the chief prosecutor, said the charge of conspiracy should be dropped because it was no longer "legally viable" following a court ruling that conspiracy – a charge that seeks to punish suspects for association with al-Qaeda – was not a recognised war crime under international law. This meant it could not legitimately be brought before a war-crimes tribunal such as Guantánamo.
The ruling by an appeals court in Washington DC overturned the conviction against Osama bin Laden's driver, Salim Hamdan, and has also undermined the conviction of Ali Hamza al-Bahlul, who made al-Qaeda propaganda films.
"Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add 'within the limits of the law' because law is often but the tyrant's will, and always so when it violates the rights of the individual." Thomas Jefferson
RIGHT'S RIGHT 
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Fri Jan 25, 2013 7:49 pm
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