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Legalbrief   |   your legal news hub Thursday 05 September 2024

US doubles number of foreign fighters held in Iraq

The number of prisoners being held in Iraq by the US, which has labelled them foreign fighters and says they are not protected by the Geneva Convention, has increased to 325.

The New York Times reports the number being held has increased dramatically since the invasion of Fallujah in November – prior to which only 140 were being detained. The disclosure about new foreign detainees comes as a high-level group in the administration is struggling to come up with a long-term plan for how to handle the 550 prisoners accused of links to the Taliban and al-Qaeda who are already in American custody in Guantánamo Bay, Cuba, and Afghanistan. The administration has asserted an authority to detain such prisoners indefinitely, as unlawful combatants, but officials have acknowledged that they cannot say how or when the war on terrorism might be deemed to have reached an end. Full report in The New York Times

In Germany, the court martial of four soldiers from Britain’s Royal Regiment of Fusiliers began this week. The four, reports The Independent, are charged with assault and indecent assault for alleged incidents at a warehouse in Iraq in 2003, which have been described as ‘Britain\'s Abu Ghraib’. They face imprisonment and dismissal from the armed forces if convicted. The charges stem from the publication of photographs showing prisoners being abused. Full report in The Independent

And in Britain, a series of previously closed court judgments have been released under the Freedom of Information Act that reveal that the judges believe the secret hearings into the jailing of 11 alleged foreign terrorists are unfair to the defendants. The Independent reports the judges of the Special Immigration Appeals Commission have claimed the men – all detained without charge as alleged members of al-Qaeda under emergency powers – are at a clear disadvantage because they have been unable to see the secret evidence and allegations used against them. Lawyers are pinning their hopes on a bail hearing due later this month, where the commission’s chairman, Justice Ouseley, has indicated he will consider releasing the men after the Law Lords ruling in December condemning the imprisonment of 14 alleged terrorists without charge by suspending parts of the Human Rights Act. Full report in The Independent