United States of America v. Abdul Zahir (2006/01/20): Difference between revisions
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{{wikipedia|Abdul Zahir}} |
{{wikipedia|Abdul Zahir}} |
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|valign="top" | CHARGES: || |
|valign="top" | CHARGES: || |
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:CONSPIRACY; AIDING |
:CONSPIRACY; AIDING |
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|valign="top" | '''1.''' || |
|valign="top" | '''1.''' || |
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Jurisdiction for this Military Commission is based on the President's determination of |
Jurisdiction for this [[w:Guantanamo military commission|Military Commission]] is based on the [[w:United States President|President]]'s determination of |
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July 6, 2004 that Abdul Zahir (a/k/a Abdul Bari, hereinafter "Abdul Zahir") is subject |
July 6, 2004 that Abdul Zahir (a/k/a Abdul Bari, hereinafter "Abdul Zahir") is subject |
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to |
to bis [[w:Military Order of November 13,2001|Military Order of November 13,2001]]. |
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|valign="top" | '''2.''' || |
|valign="top" | '''2.''' || |
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Abdul Zahir's charged conduct is triable by a military commission. |
Abdul Zahir's charged conduct is triable by a military commission. |
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|valign="top" | '''3.''' || |
|valign="top" | '''3.''' || |
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Al Qaida ("the Base"), was founded by Usama bin Laden and others in or about 1989 |
[[w:Al Qaida|Al Qaida]] ("the Base"), was founded by Usama bin Laden and others in or about 1989 |
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for the purpose of opposing certain governments and officials with force and |
for the purpose of opposing certain governments and officials with force and |
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violence. |
violence. |
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|valign="top" | '''4.''' || |
|valign="top" | '''4.''' || |
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Usama bin Laden is recognized as the emir (prince or leader) of al Qaida. |
[[w:Usama bin Laden|Usama bin Laden]] is recognized as the emir (prince or leader) of al Qaida. |
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|valign="top" | '''5.''' || |
|valign="top" | '''5.''' || |
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A purpose or goal of al Qaida, as stated by Usama bin Laden and other al Qaida |
A purpose or goal of al Qaida, as stated by Usama bin Laden and other al Qaida |
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leaders, is to support violent attacks against property and nationals (both military and |
leaders, is to support violent attacks against property and nationals (both military and |
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civilian) of the United States and other countries for the purpose of, inter alia, forcing |
civilian) of the [[w:United States|United States]] and other countries for the purpose of, inter alia, forcing |
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the United States to withdraw its forces from the Arabian Peninsula and in retaliation |
the United States to withdraw its forces from the Arabian Peninsula and in retaliation |
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for U.S. support of Israel. |
for U.S. support of [[w:Israel|Israel]]. |
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|valign="top" | '''6.''' || |
|valign="top" | '''6.''' || |
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Al Qaida operations and activities are directed by a shura (consultation) council |
Al Qaida operations and activities are directed by a [[w:shura|shura]] (consultation) council |
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composed of committees, including: political committee; military committee; |
composed of committees, including: political committee; military committee; |
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security committee; finance committee; media committee; and religious/legal |
security committee; finance committee; media committee; and religious/legal |
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|valign="top" | '''7.''' || |
|valign="top" | '''7.''' || |
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Between 1989 and 2001, al Qaida established training camps, guest houses, and |
Between 1989 and 2001, al Qaida established [[w:Al Qaida training camp|training camps]], [[w:al Qaida guest house|guest houses]], and |
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business operations in Afghanistan, Pakistan, and other countries for the purpose of |
business operations in [[w:Afghanistan|Afghanistan, Pakistan]], and other countries for the purpose of |
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training and supporting violent attacks against property and nationals (both military |
training and supporting violent attacks against property and nationals (both military |
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and civilian) of the United States and other countries. |
and civilian) of the United States and other countries. |
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|valign="top" | '''8.''' || |
|valign="top" | '''8.''' || |
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In August 1996, Usama bin Laden issued a public "Declaration of Jihad Against the |
In August 1996, Usama bin Laden issued a public "[[w:Declaration of Jihad Against the Americans|Declaration of Jihad Against the Americans]]" in which he called for the murder of U.S. Military personnel serving on |
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Americans" in which he called for the murder of U.S. Military personnel serving on |
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the Arabian peninsula. |
the Arabian peninsula. |
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|valign="top" | '''9.''' || |
|valign="top" | '''9.''' || |
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In February 1998, Usama bin Laden, Ayman al Zawahiri, and others under the banner |
In February 1998, Usama bin Laden, [[w:Ayman al Zawahiri|Ayman al Zawahiri]], and others under the banner |
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of "International Islamic Front for Fighting Jews and Crusaders," issued |
of "International Islamic Front for Fighting Jews and Crusaders," issued a [[w:fatwa|fatwa]] |
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(purported religious ruling) requiring all Muslims able to do so to kill Americans - |
(purported religious ruling) requiring all Muslims able to do so to kill Americans - |
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whether civilian or military - anywhere they can be found and to "plunder their |
whether civilian or military - anywhere they can be found and to "plunder their |
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|valign="top" | '''10.''' || |
|valign="top" | '''10.''' || |
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On or about May 29, 1998, Usama bin Laden issued a statement entitled "The |
On or about May 29, 1998, Usama bin Laden issued a statement entitled "[[w:The Nuclear Bomb of Islam|The Nuclear Bomb of Islam]]," under the banner of the "[[w:International Islamic Front for Fighting Jews and Crusaders|International Islamic Front for Fighting Jews and Crusaders]]," in which he stated that "it is the duty of the Muslims to |
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Nuclear Bomb of Islam," under the banner of the "International Islamic Front for |
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Fighting Jews and Crusaders," in which he stated that "it is the duty of the Muslims to |
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prepare as much force as possible to terrorize the enemies of God." |
prepare as much force as possible to terrorize the enemies of God." |
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|valign="top" | '''11.''' || |
|valign="top" | '''11.''' || |
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Since 1989 members and associates of al Qaida, known and unknown, have carried |
Since 1989 members and associates of al Qaida, known and unknown, have carried |
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out numerous terrorist attacks, including, but not limited to: the attack against the |
out numerous terrorist attacks, including, but not limited to: the [[w:1998 United States embassy bombings|attack against the American Embassies in Kenya and Tanzania]] in August 1998; the [[w:USS Cole bombing|attack against the USS COLE]] in October 2000; and the [[w:September 11 attacks|attacks on the United States on September 11]], |
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American Embassies in Kenya and Tanzania in August 1998; the attack against the |
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USS COLE in October 2000; and the attacks on the United States on September 11, |
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2001. |
2001. |
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1997 to on or about July 2002, willfully and knowingly joined an enterprise of |
1997 to on or about July 2002, willfully and knowingly joined an enterprise of |
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persons who shared a common criminal purpose and conspired and agreed with |
persons who shared a common criminal purpose and conspired and agreed with |
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Usama bin Laden, Sheikh Sayeed al Masri, Abdul Hadi al Iraqi (a/k/a Qutaiba), |
Usama bin Laden, [[w:Sheikh|Sheikh]] [[w:Sayeed al Masri|Sayeed al Masri]], [[w:Abdul Hadi al Iraqi|Abdul Hadi al Iraqi]] (a/k/a [[w:Qutaiba|Qutaiba]]), |
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Mohammad Dawood, Abdul Wakil al Somali, Abdul Rauf, Mohammad Agha, |
[[w:Mohammad Dawood|Mohammad Dawood]], [[w:Abdul Wakil al Somali|Abdul Wakil al Somali]], [[w:Abdul Rauf|Abdul Rauf]], [[w:Mohammad Agha|Mohammad Agha]], |
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Mohammad Rahim, Abdul Kabir (a/k/a Qari Bilal, a/k/a Zelee Oui), Abdul Hakim, |
[[w:Mohammad Rahim|Mohammad Rahim]], [[w:Abdul Kabir|Abdul Kabir]] (a/k/a [[w:Qari Bilal|Qari Bilal]], a/k/a [[w:Zelee Oui|Zelee Oui]]), [[w:Abdul Hakim|Abdul Hakim]], |
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Abdul Malik, Abdul Kayum and Saeed Ahmad Agha, and other members and |
[[w:Abdul Malik|Abdul Malik]], [[w:Abdul Kayum|Abdul Kayum]] and [[w:Saeed Ahmad Agha|Saeed Ahmad Agha]], and other members and |
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associates of the al Qaida organization, known and unknown, to commit the following |
associates of the al Qaida organization, known and unknown, to commit the following |
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offenses triable by military commission: attacking civilians; attacking civilian |
offenses triable by military commission: attacking civilians; attacking civilian |
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objects; murder by an unprivileged belligerent; destruction of property by an |
objects; murder by an unprivileged belligerent; destruction of property by an |
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unprivileged belligerent; and terrorism, said conduct being in the context of and |
[[w:unprivileged belligerent|unprivileged belligerent]]; and [[w:terrorism|terrorism]], said conduct being in the context of and |
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associated with armed conflict. |
associated with armed conflict. |
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|valign="top" | '''a.''' || |
|valign="top" | '''a.''' || |
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In 1997, Abdul Zahir served as a translator for the [[w:Taliban|Taliban]] at the [[w:General Gada Guest House, Kabul|General Gada Guest House]] in [[w:Kabul|Kabul]], where he worked for one year. He was paid 1000 to 1500 [[w:Pakistani rupee|Pakistani rupee]]s per month for his services. He was later chosen to work as a translator and [[w:money courier|money courier]] for Abdul Hadi al Iraqi, a commander and [[w:accountant for al Qaida|accountant for al Qaida]], who ran the [[w:Ashara Guest House, Parwan|Ashara Guest House]] in [[w:Kart-E-Parwan Province|Kart-E-Parwan Province]] in Kabul, Afghanistan. |
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In 1997, Abdul Zahir served as a translator for the Taliban at the General |
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Gada Guest House in Kabul, where he worked for one year. He was paid |
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1000 to 1500 Pakistani rupees per month for his services. He was later chosen |
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to work as a translator and money courier for Abdul Hadi al Iraqi, a |
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commander and accountant for al Qaida, who ran the Ashara Guest House in |
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Kart-E-Parwan Province in Kabul, Afghanistan. |
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|valign="top" | '''b.''' || |
|valign="top" | '''b.''' || |
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|valign="top" | '''d.''' || |
|valign="top" | '''d.''' || |
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In early 2002, Abdul Zahir traveled from Lowgar, Afghanistan to Peshawar, |
In early 2002, Abdul Zahir traveled from [[w:Lowgar|Lowgar]], Afghanistan to [[w:Peshawar|Peshawar]], |
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Pakistan and joined Abdul Hadi al Iraqi and others to plan explosives attacks |
Pakistan and joined Abdul Hadi al Iraqi and others to plan explosives attacks |
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against U.S. forces and civilian foreigners in the Zormat and Paktia provinces |
against U.S. forces and civilian foreigners in the [[w:Zurmat District|Zormat]] and [[w:Paktia|Paktia]] provinces |
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in Afghanistan. Abdul Zahir remained with this terrorist cell until his capture |
in Afghanistan. Abdul Zahir remained with this terrorist cell until his capture |
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in July 2002. |
in July 2002. |
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|valign="top" | '''e.''' || |
|valign="top" | '''e.''' || |
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For approximately 60,000 Pakistani rupees, Abdul Zahir purchased a |
For approximately 60,000 Pakistani rupees, Abdul Zahir purchased a |
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photocopy machine to mass produce anti-American leaflets. These leaflets |
[[w:photocopy machine|photocopy machine]] to mass produce anti-American leaflets. These leaflets |
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were designed to recruit anti-American Afghans living near the U.S. Embassy |
were designed to recruit anti-American Afghans living near the [[w:U.S. Embassy in Kabul|U.S. Embassy in Kabul]], Afghanistan and the U.S. military bases in [[w:Bagram Air Base|Bagram]] and [[w:Gardez Air Base|Gardez]], |
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in Kabul, Afghanistan and the U.S. military bases in Bagram and Gardez, |
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Afghanistan to plan and conduct operations against U.S. soldiers, and to |
Afghanistan to plan and conduct operations against U.S. soldiers, and to |
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spread anti-American propaganda. |
spread anti-American propaganda. |
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|valign="top" | '''g.''' || |
|valign="top" | '''g.''' || |
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Al Qaida provided Abdul Zahir a satellite telephone and a list of terrorist cell |
Al Qaida provided Abdul Zahir a [[w:satellite telephone|satellite telephone]] and a list of terrorist cell |
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members' aliases and their corresponding real names. To avoid detection by |
members' aliases and their corresponding real names. To avoid detection by |
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coalition forces, terrorist cell members including Abdul Zahir used aliases |
coalition forces, terrorist cell members including Abdul Zahir used aliases |
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|valign="top" |'''h.''' || |
|valign="top" |'''h.''' || |
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On or about March 4,2002, Abdul Zahir, Abdul Kabir and Abdul Hakim |
On or about March 4,2002, Abdul Zahir, Abdul Kabir and [[w:Abdul Hakim|Abdul Hakim]] |
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conducted a terrorist operation in Zormat, Afghanistan, targeting a passing |
conducted a terrorist operation in Zormat, Afghanistan, targeting a passing |
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vehicle carrying civilian foreigners traveling north towards Gardez, |
vehicle carrying civilian foreigners traveling north towards Gardez, |
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==CHARGE 2; AIDING THE ENEMY== |
==CHARGE 2; AIDING THE ENEMY== |
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{| |
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| '''14.''' || |
|valign="top" | '''14.''' || |
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Abdul Zahir (a/k/a Abdul Bari), in Afghanistan from in or about 1997 to July 2002, |
Abdul Zahir (a/k/a Abdul Bari), in Afghanistan from in or about 1997 to July 2002, |
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intentionally aided the enemy, to wit: al Qaida and the Taliban, such conduct taking place |
intentionally aided the enemy, to wit: al Qaida and the Taliban, such conduct taking place |
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in the context of and associated with armed conflict. |
in the context of and associated with armed conflict. |
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CHARGE 3; ATTACKING CIVILIANS |
==CHARGE 3; ATTACKING CIVILIANS== |
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|valign="top" | '''15.''' || |
|valign="top" | '''15.''' || |
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Abdul Zahir (a/k/a Abdul Bari), in Afghanistan on or about March 4,2002, as a |
Abdul Zahir (a/k/a Abdul Bari), in Afghanistan on or about March 4,2002, as a |
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place in the context of and associated with armed conflict. |
place in the context of and associated with armed conflict. |
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⚫ |
Revision as of 01:20, 3 November 2010
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CHARGES: |
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1. |
Jurisdiction for this Military Commission is based on the President's determination of July 6, 2004 that Abdul Zahir (a/k/a Abdul Bari, hereinafter "Abdul Zahir") is subject to bis Military Order of November 13,2001. |
2. |
Abdul Zahir's charged conduct is triable by a military commission. |
GENERAL ALLEGATIONS
3. |
Al Qaida ("the Base"), was founded by Usama bin Laden and others in or about 1989 for the purpose of opposing certain governments and officials with force and violence. |
4. |
Usama bin Laden is recognized as the emir (prince or leader) of al Qaida. |
5. |
A purpose or goal of al Qaida, as stated by Usama bin Laden and other al Qaida leaders, is to support violent attacks against property and nationals (both military and civilian) of the United States and other countries for the purpose of, inter alia, forcing the United States to withdraw its forces from the Arabian Peninsula and in retaliation for U.S. support of Israel. |
6. |
Al Qaida operations and activities are directed by a shura (consultation) council composed of committees, including: political committee; military committee; security committee; finance committee; media committee; and religious/legal committee. |
7. |
Between 1989 and 2001, al Qaida established training camps, guest houses, and business operations in Afghanistan, Pakistan, and other countries for the purpose of training and supporting violent attacks against property and nationals (both military and civilian) of the United States and other countries. |
8. |
In August 1996, Usama bin Laden issued a public "Declaration of Jihad Against the Americans" in which he called for the murder of U.S. Military personnel serving on the Arabian peninsula. |
9. |
In February 1998, Usama bin Laden, Ayman al Zawahiri, and others under the banner of "International Islamic Front for Fighting Jews and Crusaders," issued a fatwa (purported religious ruling) requiring all Muslims able to do so to kill Americans - whether civilian or military - anywhere they can be found and to "plunder their money." |
10. |
On or about May 29, 1998, Usama bin Laden issued a statement entitled "The Nuclear Bomb of Islam," under the banner of the "International Islamic Front for Fighting Jews and Crusaders," in which he stated that "it is the duty of the Muslims to prepare as much force as possible to terrorize the enemies of God." |
11. |
Since 1989 members and associates of al Qaida, known and unknown, have carried out numerous terrorist attacks, including, but not limited to: the attack against the American Embassies in Kenya and Tanzania in August 1998; the attack against the USS COLE in October 2000; and the attacks on the United States on September 11, 2001. |
CHARGE 1: CONSPIRACY
12. |
Abdul Zahir (a/k/a Abdul Bari), in Afghanistan and other countries, from on or about 1997 to on or about July 2002, willfully and knowingly joined an enterprise of persons who shared a common criminal purpose and conspired and agreed with Usama bin Laden, Sheikh Sayeed al Masri, Abdul Hadi al Iraqi (a/k/a Qutaiba), Mohammad Dawood, Abdul Wakil al Somali, Abdul Rauf, Mohammad Agha, Mohammad Rahim, Abdul Kabir (a/k/a Qari Bilal, a/k/a Zelee Oui), Abdul Hakim, Abdul Malik, Abdul Kayum and Saeed Ahmad Agha, and other members and associates of the al Qaida organization, known and unknown, to commit the following offenses triable by military commission: attacking civilians; attacking civilian objects; murder by an unprivileged belligerent; destruction of property by an unprivileged belligerent; and terrorism, said conduct being in the context of and associated with armed conflict. | ||||||||||||||||||
13. |
In furtherance of this enterprise and conspiracy, Abdul Zahir and other members of al Qaida committed the following overt acts: | ||||||||||||||||||
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CHARGE 2; AIDING THE ENEMY
14. |
Abdul Zahir (a/k/a Abdul Bari), in Afghanistan from in or about 1997 to July 2002, intentionally aided the enemy, to wit: al Qaida and the Taliban, such conduct taking place in the context of and associated with armed conflict. |
CHARGE 3; ATTACKING CIVILIANS
15. |
Abdul Zahir (a/k/a Abdul Bari), in Afghanistan on or about March 4,2002, as a perpetrator, co-conspirator, member of an enterprise of persons who shared a common criminal purpose, an aider or abettor, or some combination thereof, attacked civilians traveling north towards Gardez, Afghanistan in a passing vehicle, such conduct taking place in the context of and associated with armed conflict. |