That, nevertheless, left unanswered the query of what it might imply if Afghanistan was not an lively zone of armed battle, at the same time as preventing raged elsewhere 1000’s of miles away.
Mr. Haroon’s case could also be stronger since he’s an Afghan citizen, versus different detainees who the federal government says traveled to Afghanistan to affix Osama bin Laden’s Islamist motion. There is just one different Afghan nonetheless at Guantánamo, Muhammad Rahim, 55, however he presents a extra complicated case.
He was initially held in C.I.A. custody as a “high-value detainee,” and his 2016 intelligence profile describes him as a courier and facilitator for Al Qaeda — together with for Bin Laden — who had advance information of the Sept. 11 assaults. He has by no means been charged with warfare crimes.
If the proof is powerful that Mr. Rahim labored straight for Al Qaeda, the federal government can argue that wartime authority continues to exist to carry him to forestall him from returning to the battle, even when the warfare involving america in Afghanistan is over. However his lawyer, Cathi Shusky, a federal defender in Ohio, argued that the proof was weak.
“There’s an affordable rationalization he wasn’t a part of both” Al Qaeda or the Taliban, mentioned Ms. Shusky, who mentioned lots of the particulars of his case had been categorised, stopping her from elaborating. “There may be some twisting of the narrative. I believe when the info are absolutely revealed, it should present his continued detention isn’t lawful.”
A U.S. navy consultant for Mr. Rahim, informed an administrative evaluation board in March 2016 that Mr. Rahim regretted his previous and needed to return to his two wives and 7 kids in Afghanistan. His motivations weren’t ideological, the consultant mentioned, moderately “he solely did what he did for cash, so he might feed his household.”
His federal courtroom petition for launch has been on maintain for years whereas he sought launch by means of the board, which has repeatedly declared his detention a nationwide safety necessity. However Ms. Shusky mentioned she and one other lawyer had been planning to revive his habeas corpus case in gentle of the choice to drag out of Afghanistan.