The military commissions at Guantanamo Bay were created by the Bush administration in 2001 to try foreign terrorism suspects in proceedings that lack the due process protections of US federal courts.

When President Barack Obama took office, charges were pending against 13 defendants and had been sworn in an additional nine cases. It was widely expected that President Obama, who had been critical of the military commissions during his run for the presidency, would discontinue the commissions and transfer detainees to US federal court for prosecution.

In May 2009, however, the president announced that he planned to continue to use military commissions — with improved rules — to try detainees for law of war violations. He said that both the commissions and the federal courts would be available as options for prosecuting detainees, and that, where feasible, detainees would be prosecuted in federal court.

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NameNationalityCase SummaryStatus
Khalid Sheikh MohammedKuwaiti

Khalid Sheikh Mohammed, a Kuwaiti born to Pakistani parents, has been charged with conspiracy to commit terrorism, attacking civilians and civilian objects, causing serious bodily injury, murder in violation of the laws of war, destruction of property in violation of the laws of war, hijacking, terrorism and providing material support for terrorism, for his alleged role in planning the 9/11 terror

Ali Abdul Aziz Ali (AKA, Ammar al-Baluchi)Pakistani

Ali Abdul Aziz Ali, a Pakistani, has been charged with conspiracy, attacking civilians and civilian objects, causing serious bodily injury, murder in violation of the laws of war, destruction of property in violation of the laws of war, hijacking, terrorism and providing material support for terrorism, based on claims that he ordered flight simulation and training videos and transferred large sums

Ali Hamza Ahmad Suliman al-BahlulYemeni

Ali Hamza Ahmad Suliman al-Bahlul was tried by the military commissions and sentenced to life in prison on November 3, 2008, after a military jury found him guilty of 35 counts of conspiracy, solicitation to commit murder, and providing material support for terrorism.

Ahmed Khalfan GhailaniTanzanian

Ahmed Khalfan Ghailani, a Tanzanian, was initially indicted by federal prosecutors in New York in December 1998 for his alleged role in the August 1998 bombings of the US embassies in Nairobi, Kenya, and Dar es Salaam, Tanzania. His four co-defendants were tried in US federal court in 2001 and sentenced to life without parole, but Ghailani was a fugitive at the time.

Salim Ahmed HamdanYemeni

In August 2008, Salim Ahmed Hamdan, a Yemeni who worked as a driver for Osama bin Laden, became the first Guantanamo detainee to go to trial before the military commissions. He was convicted of providing material support for terrorism and sentenced to five-and-a-half years of imprisonment.

Mustafa Ahmed Adam al-HawsawiSaudi

Mustafa Ahmed Adam al-Hawsawi, originally from Saudi Arabia, has been charged with conspiracy to commit terrorism, attacking civilians and civilian objects, murder in violation of the laws of war, destruction of property in violation of the laws of war, hijacking, terrorism, and providing material support for terrorism.

David HicksAustralian

David Hicks, an Australian, was the first person to have been convicted by the US military commissions. He pleaded guilty in April 2007 to one count of providing material support for terrorism and was sentenced to seven years.

Omar Ahmed KhadrCanadian

Omar Khadr, a Canadian, was just 15 when he was captured and seriously injured in a firefight in Afghanistan on July 27, 2002.

Ibrahim Ahmed Mahmoud al-QosiSudanese

Ibrahim Ahmed Mahmoud al-Qosi, a Sudanese national, is charged with conspiracy and providing material support for terrorism. The US government alleges that from 1996 to 2001 he served as a driver and armed guard for Osama bin Laden, and that from 1998 until 2001 he provided security, transportation and supply services for an al-Qaeda compound in Afghanistan.

Ramzi bin al-ShibhYemeni

Ramzi bin al-Shibh, a Yemeni, has been charged with conspiracy to commit terrorism, attacking civilians and civilian objects, causing serious bodily injury, murder in violation of the laws of war, destruction of property in violation of the laws of war, hijacking, terrorism, and providing material support for terrorism.

Walid Muhammad Salih Mubarek bin ‘Attash (AKA Khalid al-Mihdhar)Yemeni

Walid Muhammad Salih Mubarek bin ‘Attash, a Yemeni, has been charged with conspiracy to commit terrorism, attacking civilians and civilian objects, causing serious bodily injury, murder in violation of the laws of war, destruction of property in violation of the laws of war, hijacking, terrorism and providing material support for terrorism.

Sufyian BarhoumiAlgerian

Sufyian Barhoumi, an Algerian, was accused of conspiracy to commit terrorism and providing material support for terrorism for providing instruction on building explosives.

He was arrested in March 2002 along with several other terrorist suspects when US and Pakistani forces raided a house in Faisalabad, Pakistan, and has been detained at Guantanamo ever since.

Ahmed Mohammed Ahmed Haza al-DarbiSaudi

Ahmed Mohammed Ahmed Haza al-Darbi, a Saudi who has been in US custody since 2002, is charged with conspiracy to commit terrorism and material support for terrorism based on alleged connections to al-Qaeda that date back to 1996.

Abdul GhaniAfghan

The government announced charges against Abdul Ghani, an Afghan in his late 30s, on July 28, 2008, accusing him of conspiracy, attempted murder in violation of the laws of war, and providing material support for terrorism.

Mohammed HashimAfghan

Mohammed Hashim, an Afghan, was charged with spying, terrorism and providing material support for terrorism. Specifically, the United States alleged that Hashim attended a terrorist training camp to receive instruction in weapons, explosives, suicide bombings, assassination and poisoning water supplies.

Mohammed JawadAfghan

Mohammed Jawad, a 23-year-old Afghan, was taken into US custody when he was somewhere between the ages of 12 to 17 (he does not know his birthday and his relatives have given conflicting accounts). He wass charged with attempted murder in violation of the laws of war and intentionally causing serious bodily injury.

Mohammed KaminAfghan

Mohammed Kamin, an Afghan, is charged with providing material support for terrorism, based on, among other claims, the allegation that he received arms training at al-Qaeda camps.

 

Human Rights Watch Commentary:

Binyam Ahmed MohamedEthiopian

Binyam Ahmed Mohamed, an Ethiopian, trained as an electrical engineer in the United Kingdom, where he had been granted refugee status.

Noor Uthman MohamedSudanese

Noor Uthman Mohammed, a Sudanese national, was arrested in March 2002 when US and Pakistani forces raided an alleged al Qaeda safe house in Faisalabad, Pakistan.

Mohammed al-QahtaniSaudi

Mohammed al-Qahtani, a Saudi who is accused of being the would-be twentieth hijacker, was taken into US custody in December 2001 and transferred to Guantanamo a few months later.

Abd al-Rahim al-NashiriSaudi

Abd al-Rahim al-Nashiri, a Saudi of Yemeni descent, is charged with conspiracy to commit terrorism, murder and attempted murder in violation of the laws of war, and terrorism.

ObaidullahAfghan

Obaidullah, an Afghan, is accused of conspiracy (including conspiracy to commit murder), and providing material support to terrorism. The US alleges that he stored and concealed anti-tank mines and other explosive devices and that he had a notebook with illustrations showing how to wires and detonate them for the purpose of "carrying out a terrorist act."

Jabran bin al QahtaniSaudi

Jabran bin al Qahtani is a Saudi in his late 20s with a graduate degree in engineering from King Saud University in Saudi Arabia. He was initially charged with conspiracy before the military commissions on December 16, 2005, but those charges were thrown out when the US Supreme Court ruled in June 2006 that the military commissions were unlawful.

Ghassan Abdullah al SharbiSaudi

Ghassan Abdullah al Sharbi is a Saudi with an electrical engineering degree from Embry-Riddle Aeronautical University in Prescott, Arizona.

Faiz Mohammed Ahmed al-Kandari

 

Military Commissions Documents:

Tarek Mahmoud El Sawah

 

Military Commissions Documents:

Fouad Mahmoud Hasan al RabiaKuwaiti

Al Rabia, 50, was charged in October 2008 with conspiracy to commit terrorism and attack civilians and providing material support for terrorism. The government alleged that he traveled to Afghanistan to meet with Osama Bin Laden and that he raised money for al Qaeda, commanded a supply depot at Tora Bora, and delivered supplies to al Qaeda fighters.