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Pentagon convenes Sudanese war-crime cases

 

In this photo of a sketch by courtroom artist Janet Hamlin, defendant Ibrahim al Qosi, far left, sits with a member of his defense team in the courthouse for the U.S. war crimes commission at the Camp Justice compound on Guantanamo Bay U.S. Naval Base in Cuba, Wednesday, July 15, 2009. A Pentagon court security officer approved this sketch for release.
In this photo of a sketch by courtroom artist Janet Hamlin, defendant Ibrahim al Qosi, far left, sits with a member of his defense team in the courthouse for the U.S. war crimes commission at the Camp Justice compound on Guantanamo Bay U.S. Naval Base in Cuba, Wednesday, July 15, 2009. A Pentagon court security officer approved this sketch for release.
JANET HAMLIN / POOL SKETCH ARTIST

crosenberg@MiamiHerald.com

GUANTANAMO BAY NAVY BASE, Cuba -- With U.S.-Sudan policy in flux, the Pentagon on Monday airlifted a planeload of lawyers and other staff to this remote base for hearings in the war court cases of two long-held Sudanese captives accused of working for al Qaeda.

Noor Uthman Mohammed, in his 40s, is up first Wednesday with a Pentagon prosecutor's request for another delay in the military commissions case that alleges he helped run a jihadist training camp in 1990s Afghanistan.

Defense lawyers, meantime, are seeking more transparency in the case that accuses their Sudanese client of conspiring with al Qaeda to support terror.

In Washington, the White House announced a renewed drive toward engagement with the now-ostracized government of Sudanese President Omar al Bashir, saying it is poised to ratchet up sanctions over the genocide in Darfur or offer unspecified incentives for improving human rights there.

Bashir has been charged with crimes against humanity and war crimes by the International Criminal Court in the Hague, a body that has multinational backing. In contrast, the Guantánamo war court here was created in the Bush years, after the 9/11 attacks, as a unilateral American institution to handle international terror cases.

Sudan's government has been on the State Department's State Sponsors of Terrorism list since the 90s for giving sanctuary to Osama bin Laden. Sudan responded by asking him to leave, which he did for Afghanistan.

Still, the timing of the latest diplomatic drive and U.S. military commission session appeared coincidental rather than signaling a focus on Sudan by the Defense and State Departments.

The war court airlift left Andrews Air Force Base at dawn Monday, and the 100 lawyers and other staff were en route for Wednesday's session for two Sudanese men as the White House was briefing on its new carrot or stick approach to Khartoum.

``I'd love to think my government is that organized,'' said Navy Cmdr. Suzanne Lachelier, defense attorney for alleged al Qaeda foot soldier Ibrahim al Qosi of Sudan, who has a hearing Wednesday, too. ``But I don't believe it is, particularly on anything surrounding Guantánamo.''

Moreover, the U.S. has carved out a special relationship with Khartoum over its Guantánamo detainees, even as it has condemned it over Darfur. During the Bush administration, for example, the U.S. repatriated nine Sudanese citizens from the prison camps here, the best known among them former Al Jazeera soundman turned human rights correspondent Sami al Hajj.

Wednesday, a Sudanese lawyer will watch the hearings here via a closed-circuit feed to the U.S. Embassy in Khartoum. The U.S. has agreed to let him serve as a foreign legal adviser to the defense in the Qosi case.

Essentially, this week's session is designed to win government delays in the cases while the Obama White House considers how much, if at all, to use military commissions.

Defense attorneys for both men have asked their military judges to dismiss the charges, arguing that, after two earlier delays, the clock should run out on the cases even as the Obama administration decides what to do with them.

Obama has said he prefers classic criminal prosecutions but recognizes that commissions can be at times useful. Justice Department attorneys are now studying all six current war crimes prosecution to decide which should shift to federal courts on U.S. soil.

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