Jurist reports that: A U.S. military lawyer for a Guantanamo Bay detainee argued Monday that the detainee, who is described as an al Qaeda commander, may be classified as a soldier according to international war rules and thus exempt from prosecution. The lawyer asked a judge to dismiss the charges against Abd al Hadi al-Iraqi, who is accused of commanding attacks on coalition forces in Afghanistan, killing civilians and conspiring to assassinate Pakistani president Pervez Musharraf. The lawyer said Article 5 of the Third Geneva Convention of 1949might classify the detainee as a "lawful combatant" and grant him immunity from prosecution for acts of war. More evidence is needed to determine his status.
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