Appeal and Dismissal of Charges
Hamdan continued to appeal his conviction after his release. It was upheld in 2011 by the Court of Military Commission Review and appealed to the United States Court of Appeals for the District of Columbia Circuit. On October 17, 2012 that Court vacated Hamdan's conviction, on the grounds that the acts he was charged with under the Military Commissions Act of 2006 were not war crimes by international law at the time he committed them. This meant that his prosecution was ex post facto and unconstitutional. Decided by a three-judge panel, the decision was written by Judge Brett Kavanaugh, with judges David Sentelle and Douglas Ginsburg largely concurring.
Read more about this topic: Salim Hamdan
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