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| Guantanamo pair charges dropped | Guantanamo pair charges dropped |
| (10 minutes later) | |
| A US military judge has thrown out charges against two Guantanamo Bay detainees, casting fresh doubt on efforts to try foreign terror suspects. | |
| Both cases collapsed because military authorities had failed to designate the men as "unlawful" enemy combatants. | Both cases collapsed because military authorities had failed to designate the men as "unlawful" enemy combatants. |
| In one case a Canadian man, Omar Khadr, was accused of killing a US soldier in Afghanistan with a grenade. | In one case a Canadian man, Omar Khadr, was accused of killing a US soldier in Afghanistan with a grenade. |
| Charges were also dropped against Salim Ahmed Hamdan, a Yemeni accused of being Osama bin Laden's driver and bodyguard. | Charges were also dropped against Salim Ahmed Hamdan, a Yemeni accused of being Osama bin Laden's driver and bodyguard. |
| The BBC's James Westhead in Washington says the rulings deal a stunning blow to the Bush administration's attempt to bring its detainees at Guantanamo Bay to trial. | The BBC's James Westhead in Washington says the rulings deal a stunning blow to the Bush administration's attempt to bring its detainees at Guantanamo Bay to trial. |
| We don't need any more evidence that it's a failure This system should just stop Col Dwight SullivanMilitary lawyer Q&A: Military tribunals | We don't need any more evidence that it's a failure This system should just stop Col Dwight SullivanMilitary lawyer Q&A: Military tribunals |
| Under a new system of military justice approved by Congress last year, detainees facing trial must be designated "unlawful enemy combatants". | Under a new system of military justice approved by Congress last year, detainees facing trial must be designated "unlawful enemy combatants". |
| When they were assessed years earlier they were described only as "enemy combatants". The word "unlawful" did not appear, giving the new tribunals no jurisdiction. | When they were assessed years earlier they were described only as "enemy combatants". The word "unlawful" did not appear, giving the new tribunals no jurisdiction. |
| It seems the same may apply to all the other 380 detainees, leaving the tribunal system in legal limbo while Bush administration lawyers race to clarify the situation, our correspondent says. | It seems the same may apply to all the other 380 detainees, leaving the tribunal system in legal limbo while Bush administration lawyers race to clarify the situation, our correspondent says. |
| Tribunal issue | Tribunal issue |
| Defendant Omar Khadr, 20, appeared in court on Monday wearing a prison uniform, light sandals and a straggly beard. | Defendant Omar Khadr, 20, appeared in court on Monday wearing a prison uniform, light sandals and a straggly beard. |
| He was just 15 years old when he was captured in Afghanistan, and was accused of killing a US soldier during a battle at a suspected al-Qaeda base in 2002. | He was just 15 years old when he was captured in Afghanistan, and was accused of killing a US soldier during a battle at a suspected al-Qaeda base in 2002. |
| Hamdan says he was just a driver and not an al-Qaeda memberHe appeared in court charged with murder, attempted murder, conspiracy and providing support for terrorism. | Hamdan says he was just a driver and not an al-Qaeda memberHe appeared in court charged with murder, attempted murder, conspiracy and providing support for terrorism. |
| The judge left open the possibility that Mr Khadr could be re-charged if he appeared before an official review panel and was formally classified as an "unlawful" enemy combatant. | The judge left open the possibility that Mr Khadr could be re-charged if he appeared before an official review panel and was formally classified as an "unlawful" enemy combatant. |
| He said prosecutors could lodge an appeal within 72 hours, although it was not immediately clear who they could appeal to. | He said prosecutors could lodge an appeal within 72 hours, although it was not immediately clear who they could appeal to. |
| All charges were dropped in the case of Salim Ahmed Hamdan, accused of serving both as chauffeur and bodyguard to al-Qaeda leader Osama bin Laden. | All charges were dropped in the case of Salim Ahmed Hamdan, accused of serving both as chauffeur and bodyguard to al-Qaeda leader Osama bin Laden. |
| Lawyers for Mr Hamdan said: "It was a victory for the rule of law and the law of war." | Lawyers for Mr Hamdan said: "It was a victory for the rule of law and the law of war." |
| Legal limbo | Legal limbo |
| The word "unlawful" has not been used in any of the other pending cases. | The word "unlawful" has not been used in any of the other pending cases. |
| Marine Col Dwight Sullivan, chief defence lawyer for the Guantanamo Bay trials, said that the verdicts cast doubt on the entire system. | Marine Col Dwight Sullivan, chief defence lawyer for the Guantanamo Bay trials, said that the verdicts cast doubt on the entire system. |
| "We don't need any more evidence that it's a failure. This system should just stop," he told the Reuters news agency. | "We don't need any more evidence that it's a failure. This system should just stop," he told the Reuters news agency. |
| However, prosecution lawyers said that neither man was likely to be released from Guantanamo Bay, despite the judges' decisions. | However, prosecution lawyers said that neither man was likely to be released from Guantanamo Bay, despite the judges' decisions. |