A Kentucky judge has ruled that an Iraqi man charged in the state with terrorism-related crimes can be tried in a civilian court, adding that allegations may “exist alongside” the Geneva Convention without it being subverted or protections being lost. For 30-year-old Waad Ramadan Alwan it ends the debate over which court he would be tried in, the Associated Press reported on Tuesday. “The Court has not located, nor has Alwan provided, a segment of the Geneva Civilian Convention or another treaty that precludes the United States from applying extraterritorial portions of its criminal code to the citizenry of an occupied country,” US District Judge Thomas B. Russell wrote in an 11-page opinion. The man's lawyers had tried to have the case dismissed, arguing that he could not be tried for alleged conduct in Iraq. Alwan and 23-year-old Mohanad Shareef Hammadi are charged with conspiracy against the United States for allegedly sending weapons to al-Qaeda in Iraq. Alwan's attorneys sought to have several charges dismissed because they stem from conduct in Iraq. Prosecutors did not allege that Hammadi took part in any criminal conduct in Iraq. His attorney did not join Alwan's motion. The two were arrested in Bowling Green, in the same state, this past May and are charged with 23 counts of sending sniper rifles, stinger missiles and money to al-Qaeda members in Iraq. Alwan is also accused of attacking American troops in Iraq. A source close to the case said that the move could help Alwan and Hammadi in the upcoming trial, but it would depend on the jury and who sits. “We are watching closely to see how this plays out, but now that they will be tried in a civilian court, it allows for less of a bias because military officials would have been quick to convict without possibly giving a level playing field to the evidence,” said the source. BM
