The daily Star - Hezbollah-linked Lebanese prisoner in Iraq faces U.S. military charges, february, 25, 2012

BEIRUT: A Lebanese man with links to Hezbollah is being charged by the U.S. military of helping to kill American troops in Iraq, the New York Times reported.

The last detainee held by U.S. forces in Iraq, Ali Musa Daqduq was handed over to Iraqi authorities in December before the withdrawal of U.S. troops, accused of being a Hezbollah operative in Iraq

In January, military prosecutors issued charges for Daqduq, accusing him of murder, perfidy, terrorism and espionage. He was captured last year, when he confessed to the charges.

He is also accused of conspiring with various groups to plant roadside bombs in Iraq. Prosecutors say he was involved in organizing a 2007 raid by insurgents, capturing and killing five U.S. soldiers in Karbala.

A military spokesman confirmed the charges to the Times, saying the government was “working with Iraq to effect Daqduq’s transfer to a U.S. military commission consistent with U.S. and Iraqi law.”

“We are seeking the fastest possible way to bring him to justice,” he added.

“Mr. Daqduq’s alleged crimes are serious violations of the law of war that were committed against U.S. service members in Iraq in association with ongoing hostilities,” the chief prosecutor of the military commissions system, Brig. Gen. Mark S. Martins, said in a statement published in the Times.

So far, a trial has not been set. However, regardless of whether Daqduq comes before a military tribunal, his charges set an important precedent.

All previous defendants of the commissions, which was established after the Sept. 11, 2001, attacks on New York and Washington, were detainees at Guantanamo Bay, Cuba, with ties to Al-Qaeda and the Taliban.

The main sticking point to move forward with the trial appears to be the question of extradition. The Times said there was discussion of taking Daqduq out of Iraq for prosecution last year.

However, the Iraqi government controls decisions over such prisoners. The U.S. did not want to violate Iraqi sovereignty at the time of transition, so they transferred Daqduq to the Iraqi authorities in mid-December.

U.S. military spokesman, Lt. Col. Todd Breasseale told the Times, “We have long understood that the transfer of Daqduq to Guantanamo is a nonstarter for our Iraqi partners and would only prevent us from obtaining custody of him.”


http://www.dailystar.com.lb/News/Local-News/2012/Feb-25/164578-hezbollah-linked-lebanese-prisoner-in-iraq-faces-us-military-charges.ashx#axzz1nNx9Rqb0