A United States Military Court’s decision to overturn David Hicks’ conviction for the crime of “material support for terrorism” represents a welcome return to the international rule of law – at least in the US.
I have written previously that material support for terrorism was effectively a “non-crime” at the time of Hicks’ relevant actions. This was not just according to international lawyers, but also according to the DC Circuit Court of Appeals, the Obama administration and even the military prosecutors.
As a result, it was simply not tenable for the Military Court to maintain Hicks’ conviction. It had already recently overturned a similar conviction in the case of Sudanese detainee Noor Muhammed.
Hicks was captured in 2001 and alleged to have aided the Taliban in…
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