Legal challenges could overturn half of Gitmo’s successful convictions

Decisions on two legal challenges to the Guantanamo military commissions system, both expected this summer, could undo half the convictions won so far before the tribunals and disrupt a number of pending cases.

The appeals of two 2008 convictions attack several core aspects of the young trial system. One potentially explosive argument is that the most commonly charged offenses — conspiracy and providing material support for terrorism — are not war crimes that can be tried in a military court.

The government insists there is longstanding precedent for prosecuting these acts through military justice. “Terrorism, though perhaps often by other names, is undoubtedly a war crime,” Edward White, a Navy lawyer who represents the government in one of the appeals, wrote in a brief. Violators, he added “were historically liable to be shot immediately upon capture.”

Full Story: Legal challenges could overturn half of Gitmo’s successful convictions | Raw Story.

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