UNCLASSIFIEDIIFOR PUBLIC RELEASE Class.App. 129 Id SC~IGT lEi raSiBSilBI5 Dr eGA Center for forensic Behavioral Sc;ence5 Walter Reed National Milirary Medical Center 6000 Py1acArthur 81"11, Ste 1099, Bethesda, MO 20814 28 March 2013 Memomndum For: Mr. Richard Kammen, civilian learned council, and CDR(S) Stephen Reyes, IAGC,USN SUBJECT: RMC 706 Sanity Board Evaluation of Abd Al Rahim Hussayn Muhammad AI Nash iri: ISN# 10015 .1. IDENTIFYING INFORMATION Mr. Nashiri is a 47 year-old single, Middle Eastern, male of Saudi Arabian and Yemeni decent who has been in US custody for approximately ten years. Mr. Nashiri is currently incarcerated at Guantanamo Bay, Cuba. 2. REASON FOR REFERRAL Mr. Nashiri is referred for the purpose of conducting a Sanity Board in accordance with Rules for Military Commission (R.M.C.) 706. According to the supporting documentation provided with the Sanity Board Order, a government motion dated 15 November 2012 raised concern that the accused may not be competent to stand trial due to a mental condition, The govemment's inquiry is based on several comments made by the accused during a motions hearing on 24 October 2012 referencing his "bad nerves" and poor treatment/threats from the guards which preclude him from attending court proceeding$. The current Board is comprised of one psychiatrist and one psychologist assigned to the Center for forensic Behavioral Sciences (CFBS) at Walter Reed National Military Medical Center (WRNMMC) and one psychologist assigned to United States Anny Recruitin Command (USAREC): Lieut~ David Johnson, M.D., Major (MAJl Psy.D., and M A I _ Psy.D., respectively. The Sanity Board Order requires that the following three questions be addressed by the Board: a. Is the accused presently suffering from a mental disease or defect? b. What is the clinical psychiatric diagnosis? c. Does the mental disease or defect render the accused menally incompetent to understand the nature of the proceedings against him or cooperate intelligently in or conduct his defense? 1fI8-8@~aS$m 1."-'.1 w 1.L-1.. sn psswn .'\..I..I;&Li .... '5 A.....oII...I....I,.JI.1. Q? 'JILJ.I""'1. UNCLASSIFIEOIIFOR PUBLIC RELEASE UNCLASSIFIEDIIFOR PUBLIC RELEASE Class.App. 130 1'8 88~q6i if!!T~JIJt!flJ'MtJf e@t SUBJECT: RMC 706 Sanity Board Evaluation of Abd Al Rahim Hllssayn Muhammad Al Nashiri: ISNIill0015 3. LIST OF CHARGES CHARGE I: VIOLAnON OF 10 U.S.C. § 950t(17), USING TREACHERY OR PERFIDY Specification: In that Abd at Rahim Hussayn Muhammad al NASHlRI, an alien unprivileged enemy belligerent subject to trial by military commission, did, in or around Aden, Yemen, on or about 12 October 2000, in the conlext of and associated with hostilities, invite the confidence and belief of one or more persons onboard USS COLE (DDG 67), that two men dressed in civilian clothing, waving at the crewmembers onboacd USS COLE (DOG 67), and operating a civilian boat, were entitled to protection under the law of war, and intending to betray that confidence and belief, did thereafter make use of that confidence and belief to detonate explosives hidden on said civilian boat alongside USS COLE (DDG 67), l<:illing 17 per$ons (see Charge n for a list of deceased) and injuring one or more persons, all crewmernbers onboard USS COLE (DDG 67). CHARGE II: VIOLATION OF 10 U.S.C. § 950t(15), MURDER IN VIOLATION OF TIlE LAW OF WAR Specification: In that Abd al Rahim H ussayn Muhammad al NA SHIRl, an alien unprivileged belligerent subject to trial by military commission, did, In or around Aden. Yernen, on or about 12 October 2000, in the context of and associated with hostilities, in violation of the law of war, to wit: by committing an aa of perfidy, said act of perfidy being two men dressing in civilian clothing, waving at the crewmember.; onb08rd USS COLE (DDG 67), OJ;Id operating and detonating an explosives-laden civilian boat alongside a United States navsl vessel, intentionally and unlawfully kill the foHO'Ning 17 persons: I. HT3 Kenneth E. Clodfelter, USN; 2. ETC Richard Costelow, USN; 3. MSSN Lakeina M. Francis, USN; 4. ITSN Timothy L Gauna, USN; 5. SMSN CheroneL. GuM, USN; 6. ITSN lames R. McDaniels, USN; 7. EN2 Marc I. Nieto, USN~ 8. EW3 Ronald S. Owens, USN; 9. SN Lakiba N. Palmer. USN; 10. ENFA loshua. L. Parlett, USN~ 11. FN Patrick H. Roy, USN; 12. EW2 Kevin S. Rux. USN; 13. MS3 Ronchester M. Santiago, USN; 14. OS2 Timothy L. Saunders, USN; 15. FN Gary G. Swenchonis, Jr., USN; 16. f:NS Andrew Triplett, USN; and 17. SN Craig B. Wibberley, USN. en~my 2 UNCLASSIFIEDilFOR PUBLIC RELEASE UNCu\SSIFIEOIIFOR PUBLIC RELEASE Class.App.131 '8 B @ _ t e l { Tjl@J'f MVtriW88 BY 88:\ . SUBJECT: RMC 706 Sanity Board Evaluation of Abd AllUhim Hussayn Muhammad AI Nashiri: ISN#1001.5 CHARGE III: VIOLAnON OF 10 U.S.C. § 95Ot(15), 10 U.S.C. § 950t(28), AlTEMPTED MURDER IN VIOLAnON OF THE LAW OF WAR Specification 1: In that Abel al Rahim Hussayn Muhammad al NASHIRI, an alien unprivileged enemy belligerent subject to trial by military commission. did, in or around Aden, Yemen, on or about 31anuary 2000, in the context of and associated with hostilities, with the specific intent to commit Murder 10 Violation of the Law of War, attempt to intentionally and unlawfully kill one or lDore persons onboacd USS TIlE SULLIVANS (DOG 68). in vioiation ofthe law of war, to wit: by committing an act of perfidy, and comm itting acts that amount to more than mere preparation, and to effect the commission of Murder in Violation of the Law of War, the said NASHIRI rented real property, acquired a boat, acquired explosives. then altered, assemble~ and launched an explosives:-Iaden boat, after ordering those onboard to perfidiously approach USS THE SULLIVANS (DDG 68), and then to detonate the explosives so as to dwnage and sink USS THE SULLIVANS (ODG 68), and to kill one or more persons onboatd that vessel. Specification 2: In that Abd a.I Rahim Hussayn Muhammad al NASHllU, an a.lien unprivileged enemy belligerent subject to triaJ by military commission, did, in or arOWld Aden., Yemen, on or about 12 October 2000, in the context of and associated with hostilities, with the specific intent to commit the 0 ffen5e of Murder in Violation of the Law of War, attempt to intentionally and unlllwfully kill one or more persons onboard USS COLE (DOG 67), in violation of the law of war, to wit: by committing an act of perfidy, and commi~ng acts that amount to more than mere preparation, IIl1d to effect the commission of Murder in Violation of the Law of War, the Said NASHIRl rented real property, acquired a boat, acquired explosives, altered the boat, and ordered those onboard to launch the explosives-laden boat, to perfidiously approach USS COLE (DOG 67), and to detonate the explosives while alongside USS COLE (DOG 67) so as to damage and sink USS COLE (DDG 67), and to kill one or more persons onboard that vessel. CHARGE IV: VIOLA nON OF 10 U.S.C. § 95Ot(24), TERRORISM Specification 1: In that Abd al Rahim Hussayn Muhammad al NASHlRI, an alien unprivileged enemy belligerent subject to trial by military commission. did. in or around Aden, Yemen, on or about 12 October 2000, in the context of and associated with hostilities, and in a manner clllcul9ted to influence IlIld affectthe conduct of the United States government by intlmidation and coercion and to retaliate against the United States government, engage in an act that evinced a wanton disregard for human life, to wit: intentionally detonating an explosives-laden boat alongside USS COLE (DDG 67), resulting in the deaths of seventeen persons (see Charge H for a list of deceased) and the infliction of great bodily harm on one or more persons. all cn:wmembers onboard USS COLE (DOG 67). Speclficalion 2: In that Abel al RBhim Hussayo Muhammad al NASIDRI, an alien unprivileged enemy belliserent subje<:t to trial by military commission, did, in or around the coast of AI Mukallah. Yemen. on or about 6 October 2002. in the context of and associated with hostilities, and in a manner calculated to influence and affect the conduct of the United States government UNCu\SSJFJEOIIFOR PUBLIC RELEASE UNCLASSIFIEDIIFOR PUBLIC RELEASE ClassApp.132 "8 8~f8"y'tjf MlJtFifJ\ii88 8V 881'. SUBJECT: RMC 706 Sanity Board Evaluation of Abd Al Rahim Hussayn Muhammad AI Nashiri: ISN#1001S by intimidation and coercion and to retaliate against the United States government, intentionally kill and inflict great bodily harm On one or more protected persons and engage in an act that evinced a wanton disregard for human life. to wit: detonating an explosives-laden boat alongside MV Limburg, resulting in the death of one civilian person, Mr. Atana.s Atanasov. onboard MV Limburg. CHARGE V; VIOLATION OF 10 U.S.C. § 9S0t(29), CONSPIRACY Specification: In that Abd al Rahim Hussayn Muhammad al NASIURI, an alien unprivileged enemy belligerent subject to trial by military cOllUOission, did, at multiple locations in and around Yemen. Afghanistan, Pakistan, Saudi Arabia, the United Arab Emira.tes (hereinafter "UAElt) . Qatar, Bosnia, the Middle East, the Arabian Peninsula, and other locations, in the context ofBJld associa.ted with hostilitiei, from an unknown date prior to approximately August 1996, through approximately October 2002, willfully conspire, agree, and join with at least one oftbe following: a. Usama bin Laden b. Ayman AI Zawabiri c. Mohammed AteC d. Mushin Musa Matwalli Atwah e. Walid Muhammad Salih Mubarak bin 'Attash f. Jamal Ahmed Mohammed Ali AI-Badawi g. Fand MohammedAhmed AI-Quso h. Hassan Sa'id Awad Al Khamri i. Ibrahim AI-Thawar j. Taba Ibrahim Hussein AI-Abdal k. Hadi Muhammad Salm AI-Wirsh I. Nasse~ Ahmad Nasser AI~Bahri m. Khalid Ibn Muhammad Al Juhani n. Fawzi Muhammad 'Abci-Al-Qawi AI-Wajih o. Fawzi Yahya Qaim AI-Hababi p. Muneer AI Sharabi q. Walid AI~Shaybah r. Mohammad Rashed Daoud AJ~Owha1i s. Jihad Muhammad Abdah Ali Abdullah AI-Harazi t. Ali HJUnza Ahmed SuJiman AI-Bahlul u. Nasir 'Awad v, Husayn AI-Badawi; w. Ahmed Mohammed at Darbi x. UOlar Sa'id Hassan larullah y. Muhammed Sa'id Ali Hasan AI-Amari z. and others, both known and unknown; 4 UNCLASSIFIEDIIFOR PUBLIC RELEASE UNCLASSIFIEDIIFOR PUBLIC RELEASE Clas8.App.133 'P!C8e_HGT 1W' M9 i'tPJ iJiIi!IB 81 88/2 SUBJECT: RMC 706 Sanity Board Evaluation of Abd AI Rahim Hussayn Mul1ammad AI Nashiri: ISN#I001S to commit 1'errorism and Murder in Violation of the Law of Wor, both offenses triable by military commissim, with the conspirw:yresuiting in the death of one or more victims and, knowing that Terrorism and Murder in Vio\a1ion of the Law ofWIIC were the unlawful pLllpose of the conspiracy, and intendil\8 his actions to further the unlawful purpose ofthc: c:cnspirncy, the said NASHIRI did knowinsly commit aI leastone ofthe following overt acts: I. Between a"p~ilm.tely 1994 and 1999, NASHIRI and co-¢OnSpiralors joined a call to jihad against the enemies orIslam by Usama bin Laden C'bin Laden"). NASHIRl and the co-conspirator.a tr.sveled to locations sudt as Bosnia. Tajikistan, and Afghardstan.. In these locauons NASHIRI and co~onspirato~ attended bBining amps either run by or associaled with aI Qaeda. NASHIRlliained in or gave training in mllitaty tactics. including but nO{ liJDited 10, craining on combat. ~apons, bomb-milking, an.d ossa55ln.non. NASHIRI and the co-conspiratcm then panicipated in. or ll~mpt.ed to participate in. jihad by fighting in brigades of mujahideen. 2. Between epprol(imatety 1996 and 1999, NASHDU and co·CQn'pindo~ m~ pasonaJ Iy with bin Laden and other high-ranking members of III Qacd a and some of the c,,~nspjrators s won: an oath of allegiance to bin Laden. During this time period. NASH1Rl de"cloped relatiornhips with indj"iduals who would later assist him in what would become known as the "boats operation." \ 3. In approx.imately late 1997 to 1998, NASHIRI discussed with bin Laden plans lOr II boats OpLT.tlon to attack ships in the Arnbian Penirnula, Q plan wbic:h p~Ylously bad been d~L1ssed by bin Laden and Walid Muhammad Salih Mubatak bin 'Attash ("Khallad"). 4. NASHIRI. bin Laden and Khallad ultimately planned at Qaeda's bollt3 opemtion. which came 10 encompass at least three- separate terrorist att&:ks: an attempted attack on USS 1l£E. SLTLUVANS (DDG 68) 003 January 2000; acomple~ aaadt on USS COLE (DOG 61) on 12 ~tober 2000; IllJd a completed attack on II FraKh 51i1~. MY Lilftburg. on 6 October 2002. s. In approlC.imillely 1998••• the direction of bin Laden, NASHIRI and Khatlad lJ8yelted to Yemen, at the southern tip of the Anbian Peninsulo, 10 prepare for the boats operation. NASHUlJ scoured tbe AI-Hudaydal1 area of Yemen and conducted 5WVcillan~ of ship traffic in the region. As NASHIRI ond Khallad collec:ted infonnation, they and bin Laden began 10 focus their attention on mounting an attack in Aden Hatbor. 6. In approl(immly the summer of 1998, in response to direl:tion by bin Laden, NASHIRJ and Khallad assisted in another 01 Qaeda plol. simultaneous attlll;!l3 on United Slates embassies in Kenya and Tanzania in East Africa, where NASHIRI pro"ided a fraudulent Yemeni passport used by one of the suicide bombers to enter Kenyoll immediately before the attack on the Embassy of the Unired States in Nairobi. '8,,,-'0= '== • ,'-'~ .1L.I 5 DEZ_UIED 1.~".I.I.J"l'UV ft"J Ene ""'''-'6Wo UNCLASSIFIEDIIFOR PUBLIC RELEASE UNCLASSIFIEDIIFOR PUBLIC RELEASE ClasaApp. 134 18 OU_fCT1TTPF'!WV.TP PlJ @'9.'z SUBJECT: RMC 706 Sanity Board Evaluation of Abd AI Rahim Hussayn Muhammad AI Nuhin: ISN#lOOIS Kenya, and where K.ballad provided that same suicide bomber wltll deta.ils of tile attack plan. 7. In BPProximat.ely early 1999, at Ule direction of bin Laden. NASHIRl and KhalJad continued ptepuring for the boats operation, including (but not limited to) obtaining and storing e'Xplo~ives for use in the roal$ operation. NASHlRl then left Yemen becauie KhaJ lad had been 8J'TeSted by Yemc:ni autllorities. 8. After KhaJlad's alRStandsubscquent release from jail in May 1999, NASHlRJ rcNmed 10 Vemen witb instructions from bin Laden. NASHIRJ took control of the boals operation, at the direction ofbin Laden, due 10 unwanted eaendon Khallad received as a result of his anesl NASHlRJ wok ova preparations (or the boals opemtion, BI1d Kballad reblmW to Afghanistan. 9. During late 1999 a,nd early 2000. NASHIRI spoke with Khallad on 1M phone several times to relay information about the boocs operation, and on at least one occ:a.sion Khallad relayed this inrormation to bin Laden. . 10. Between approximately the swnmer of 1999 and the winter of 1999, NASHIRI continued malting preparations to implement al Qrw:da's boa~ operllLion, some of which he accomplished personally and some of which he directed others to accomplish. 1lle"e preparations included, but were not limited to, enlisting the asslSlance of additional co-conspirators, purchasing vehicles, purchasing a boat and materials, renting hou.ses to store the boat and materials and to assemble the attack boat, and obtaining flllse identification documents. 11. On or aoout 3 January 2000, the first boat5 operation attack commenced when, at NASH IRJ's direction, at least two of the co~nspirators launched B bo3t packed with explosives from the Madinat AIMShaab beach area into Aden Harbor, in1.ending to steer it !award 8 United States wmbip, USS TIlE SUUIVANS (DOG 68). which was refueling nearby. The attaclc. ultimately fsiled wben the expiosives-illden boat beached in the surf or Aden Harbor. 12. On or about +6 January 2000. NASHIlU and other co-conspirators ~oveRld 1M ar:tack bOal frOm the beach at Madinat Al-Shaab, on Lhe- edge of Aden Harbor. NASHIRI aIld other co-conspiralors cecovutd the boat, Its motor, ics cargo of explosives. and other materials used in the attempted attKk. During these recovery efforn, NASH.IPJ claimed ownership of the attack boat and the motor. NASHIRl and U1c other co-conspirators ultimately used a front-end loader, crane, and flatbed truck to recover and take physical possession oftbe attack boat and RltUrn it to its storage location in Aden. 13. After the atltmpted attack on U SS TIIE SULLIVANS (PDQ 68) In January 2000 but 6 UNCLASSIFIEDIIFOR PUBLIC RELEASE UNCLASSIFIEDIIFOR PUBLIC RELEASE Class.App.135 '8 8@~f6tret ftf)'lft!';'1t!e In 6e\ SUBJECT: RMC 706 Sanity Board Evaluation of Abd AI Rahim Hussayn Muhammad AI Nashiri: ISN#I00IS before approximately September 2000, NASHIRI returned to Afghanistan, where he and Khallad met with bin Laden and other high-ranking members of aI Qaeda at bin Laden's compound in Qandahar. 14. After the attempted attack on USS THE SULLIVANS (DOG 68) in January 2000 but before approximately September 2000, NASHIR] received additional training in Afghanistan from an aJ Qaeda explosives expert. 15. After the attempted ll.t1ack on USS THE SULLIVANS (DOG 68) in January 2000 but before approximately September 2000, NASHIRI tested the explosives he re<:.overed from the failed attack to make certain they were still usable for future attacks. 16. Later in 2000, after returning from AfghanistAn, NASHIRI continued preparations some of which he accomplished personally and some of which he directed others to accomplish - for a second boats operation attack. These preparations included, but were not limited to, renting another house from which to conduct surveillance of Aden Harbor, repairing and re-fitting the attack boat, transferring ownership of and registering the lIttack boat, purchasing another vehicle, securing another location at which to store tbe attack boat. testing the attack boat on the waters of Aden HarboT. making arrangements for the attack to be videotaped, and hiring a crane operator to launch the attack boat 17. During approximately the summer of20oo, NASHIRI infonned Khallad that the boats operation was nearly ready and that bin Laden should send the suicide bombers. 18. In OT about September 2000, NASHIRI informed Khallad thatthe boats operation was ready to execute and further informed KhallOO that he had already chosen the suicide bombers for the attack. 19.1n or about September 2000, NASHIRI spoke again with }(ballad, who relayed to NASHIRl a directive from bin Laden that NASHIRI leave Ym\eD before the attack and return to Afghanistan. 20. At some point after January 2000, but prior to 12 October2oo0y NASHIRI filled the attack boat with explosives in prepamtion for the attack. 21. In approximately September or October 2000, prior to the attack, NASHIRlleft Yenten, as instructed by bin Laden. NASHlRJ met }(ballad, and the two traveled 10gether to Qandahar, Afghanistan, lo meet with bin Laden. NASHIRI infonned bin Laden that an attack on Il United Slates warship in Aden was inuninent. 22. On OT about 12 OClober 2000, pursuant to NASHIRI's instructions, the coconspirators removed the attack boat from its storage location, drove the attack boat to the launch site and, using a crane, lowered it into the water. 1 UNCLASSIFIEDIIFOR PUBLIC RELEASE UNCLASSIFIEDIIFOR PUBLIC RELEASE Claea.App. 136 +8 8 & _ ' 8 T 'IMP _:'Ilf.\ililt ItY j'A S'tJBJECT: RMC 706 Sanity Boarc1 Evaluation of Abd Al Rahim Hussayn Muhammad Al Nashiri: ISN#IOOI5 23. On or about 12 October 2000, as a result of planning and preparation by NASHIRI and others, the suicide bombers, at the direction ofNASHDU, dres..~d in civilian clothes. piloted the explosives·Iaden boat to where USS COLE (DOG 67) was refueling, offered friendly gestUres to several crew members, and brought their boat. alongside USS COLE (DDG 67), roughly amidships. Once alongside at approxima~ly 11: 18 a.m. (local), the suicide bombers detonated the Cl(plosives. blasting It hote in the side ofUSS COLE (DDG 67) approximately )0 (eet in diameter. killing 17 crewmembers and injuring BlIe85t 37 crewmembcTs. The sukide bomben died io the attack. 24. In approximately May 2001, NASHIRl met witt! bin Laden and anolhcT hiah.raWnl membCf oral QBeda at bln Laden's compound in Qandahar. 2S. [n approximately 2001 and 2002. NASHfRI continued BI Qaeda'$ boots opennion by directing acts which included. but ~ not limited to, acquiring a boot for use in the an.~~ acquiring explosives for use in the attack. lransferring ownership and re~i&tral.ion Q(Yte boat, and obtaining a globBi positioning system (CPS) device for use in planning the attack. NASHIRI supplied the neccssaryresourus, planned the attac~ and directed the transfer of money for use an upcoming atta~k. 26. In approximately 2001 and 2002, NASHDU and other co,oonspirators implemented operational security measures to avoid detection. 27. On or about 6 October 2002, nellf the port of A1 Mukallah, Yemen, as a result of planning by NASHDU and others, suicide bomber.!, at the direction ofNASHlRI, used an explosives-laden boat to attack the French supertanker MY Limb~'g. l1le explosion blasted a hole through the hull of the ship, resulting in the death of a crewmember, injury to approximately 12 crewmembeni, and spillage of approximately 90,000 buTels of oil into Ihe Gulf of Aden. CHARGE Vi: VIOl-AnON OF IOU.S.C. § 95Ot(13),lNfENflONAlL Y CAUSING SERJQUS BOD1L v INlURY Specification: In dlat Abd alRahim Hllssayn Muhammad al NASHIJU, an alien unprivileged enemy beJligerentsubj"t 10 ttl.1 by military commi~ion, did, in or around Aden. Vemen, in the {;ootext of and aSJOoillted with hostilities, on Of" about 12 October 2000. intentionally C8U.9l:l serious injury to Ihe body of one or more persons, .11 crewmembcrs onboBtd USS COtE (DOG 67), with unlawful force and violence, in violation of the law of war, CO wit: perfidiously openlting and detonating lin explosives-laden vessel alongside USS COLE (DDG 67). Te QQ'_1.''-I~ ____ • 8 .&.&...1.1 r wnw'; S S 'E Lt'..,. """""",.. ....~".I....L.IlIl ..... UNCLASSIFIEDIIFOR PUBLIC RELEASE UNCLASSIFIEDIIFOR PUBLIC RELEASE Cls85.App. 137 1 ' ~ 2TaW'Rm nmrwu'ED Pl' - . -_ _ £11 ............ &'"""""".~",...- __ • .. .&"..I .... 80 _i. t SUBJECT: RMC 706 SllIIity Board Evaluation of Abd AI Rahim Hussayn MuhlUltm/ld Al Nashiri: ISN#IOOlS CHARGE VII: VIOLATION OF 10 U.S.C. § 95Ot(16), DESTRUCTION OF PROPERTY IN VIOlATION OF THE LAW OF WAR Specification: In that Abd 111 Rahim Husssyn Muhammad al NASHIRI, en alien unprivileged enemy belligerent subject to trial by military commission. did, in or aroWld Aden, Yemen, on or about 12 Oaober 2oo0~ in the context of and associated with hostilities, intentionally deslroy property belonging to another person, without that person's consent, in violalion ofthe blw of war, lo wit: two men pemdiou$ly approaching USS COLE (DDG 67), and detonatiJli concealed explosives, n:sulting in the destrvaion ofUSS COLE (DOG 67), destruaion oC supplies and rations locsted onboa!Q USS COLE (DOG 67), and dem'lKlion of pmiOnal dfects located onboud USS COLE (DOG 67). CHARGE VIU: VIOLATION OF 10 U.S.C § 9501(16),10 U.S.c. § 95Ot(28),ATT'EMP'TED DESTRUCTION OF PROP£RTY IN VIOlATION OF ll{E LA W OF WAR Specification: In that Abd al Rahim Hussayn Muhammad at NASHlRl, en alien unprivileged enemy helligerepl subject to trial by military commission, did, in or around Aden, Yemen. on or about 3 January 2000, in the conlext 0 f and associated with hostilities, with me specific intent to commit the offensL' of Destruction of Property in Violalion of me Law of War, attempt to intentionally destroy property belonging to another, without the lawful owner's consent, to wit: USS mE SULLIVANS (DOG 68), by committing certain overt aas, in violation of me law of war, including, but not limited to, renting real property, acquiring a boal, acquiring explosives, altering a boBt, Bnd assembling and launching a boat; the said NASHlIU's actions Bmounted to more than mere preparation and tended to effect the commission of Destruction of Property in Violation of the Law of WSf, to wit: two men perfidiously dressing in civi Iian C!Clth ing md operating an explosivcs·laden civilian vessel, in an attempt to detonate said explosives-laden civilian vessel alongside USS THE SULLIVANS (DOG 68), which would have resulted in the destruction ofUSS THE SULLIVANS (DOG 68), deslIuction ofsupplies and rations locab;d onbosro USS THE SULLIVANS (DOG 68), and de5tnlction ofpersonal effects localed onboard USS THE SULLlVANS (DOG 68). CHARGE IX: VIOl.J\TION OF 10 U.S.C. § 950t(2), ATIAClONG ClVll..IANS Specification: In ahat Abel al JUhim Hussayn Muhammad 81 NASHIRI, lUI alien unprhtilegcd enemy belligerent subject to trial by military commission. did, in or lIlound the com of Al Mukallah. Yemen. on or about 6 October 2002. in the context or and associaled wim hostilities, intention&lly attack clvililll'l persons onboard MY LiI1Iburg a civilian oil tanker crewe