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130-556: Kashmir conflict David Matthew Hicks (born 7 August 1975) is an Australian who attended al-Qaeda 's Al Farouq training camp in Afghanistan . Hicks traveled to Pakistan after converting to Islam to learn more about the faith, eventually leading to his time in the training camp. He alleges that he was unfamiliar with al-Qaeda and had no idea that they targeted civilians. Hicks met with Osama bin Laden in 2001. Later that year, he

260-639: A Muslim Conference leader. They took control of most of the western parts of the State by 22 October. On 24 October, they formed a provisional Azad Kashmir (free Kashmir) government based in Palandri . Justice Mehr Chand Mahajan , the Maharaja's nominee for his next prime minister, visited Nehru and Patel in Delhi on 19 September 1947, requesting essential supplies which had been blockaded by Pakistan since

390-875: A 'private war' by obstructing supplies of fuel and essential commodities to the State. Later in September, Muslim League officials in the Northwest Frontier Province , including the Chief Minister Abdul Qayyum Khan , assisted and possibly organized a large-scale invasion of Kashmir by Pathan tribesmen. Several sources indicate that the plans were finalised on 12 September by the Prime Minister Liaquat Ali Khan , based on proposals prepared by Colonel Akbar Khan and Sardar Shaukat Hayat Khan . One plan called for organising an armed insurgency in

520-505: A British Resident in Srinagar to oversee the internal administration. According to the 1941 census, the state's population was 77 percent Muslim, 20 percent Hindu and 3 percent others (Sikhs and Buddhists). Despite its Muslim majority, the princely rule was an overwhelmingly a Hindu-dominated state. The Muslim majority suffered under the high taxes of the administration and had few opportunities for growth and advancement. British rule in

650-410: A British man who had also been held at Guantanamo Bay but was released in 2005, claimed in his book, Enemy Combatant: A British Muslim's Journey to Guantanamo and Back , that Hicks had abandoned his Islamic beliefs, and had been denounced by a fellow inmate, Uthman al-Harbi, for his lack of observance. This has also been confirmed by his military lawyer, Major Michael Mori , who declined to say why Hicks

780-516: A conference with Jinnah , proposing that, in all the princely States where the ruler did not accede to a Dominion corresponding to the majority population (which would have included Junagadh , Hyderabad as well as Kashmir), the accession should be decided by an "impartial reference to the will of the people". Jinnah rejected the offer. According to Indian scholar A. G. Noorani , Jinnah ended up squandering his leverage. Pakistani soldiers and tribesman captured Rajouri on 7 November 1947, which began

910-555: A fair plebiscite. Dixon came to the conclusion that India would never agree to conditions and a demilitarization which would ensure a free and fair plebiscite. Dixon's failure also compounded American ambassador Loy Henderson's misgivings about Indian sincerity and he advised the US to maintain a distance from the Kashmir dispute, which the US subsequently did, and leave the matter for Commonwealth nations to intervene in. The convening of

1040-417: A group seeking creation of an independent state, the insurgency was taken over within the first few years of its outbreak by Pakistan-backed Jihadist groups striving for merger with Pakistan. The militancy continued through the 1990s and early 2000s—by which time it was being driven largely by foreign militants and spread to parts of the adjoining Jammu region —but declined thereafter. The insurgency

1170-613: A legal question that in my judgment should have been resolved a long time ago. I don't understand, I really don't, how the Supreme Court made the decision it made and left that question open. ... I don't understand how the Congress could let it go this long without resolving. On October 27, 2008, Leon ruled that the definition of "enemy combatant" he would use was that set forth in the 2004 rules for Combatant Status Review Tribunals . "Enemy combatant" shall mean an individual who

1300-487: A lot of Muslims who want to meet Osama Bin Laden but after being a Muslim for 16 months I get to meet him. Prosecutors also allege Hicks was interviewed by Mohammed Atef , an al-Qaeda military commander, about his background and "the travel habits of Australians". In a memoir that was later repudiated by its author, the Guantanamo detainee Feroz Abbasi claimed Hicks was "Al-Qaedah's 24 [carat] Golden Boy" and "obviously

1430-719: A member of the armed forces of an enemy state, or if it means an alleged member of al Qaida held prisoner by the United States. Following the Supreme Court's ruling of lexi Hamdan v. Rumsfeld the United States Congress passed the Military Commissions Act of 2006 which contained definitions for lawful and unlawful enemy combatants . The Military Commissions Act mandated that Guantanamo captives were no longer entitled to access

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1560-581: A plane into a building" and to "go out with that last big adrenaline rush." On 9 September 2001, Hicks travelled from Afghanistan to Pakistan to visit a friend. A US Department of Defense statement claimed that "viewing TV news coverage in Pakistan of the 11 September 2001 attacks against the United States" led Hicks to return to Afghanistan to "rejoin his al-Qaeda associates to fight against U.S., British, Canadian, Australian, Afghan, and other coalition forces." Hicks denies this claim in his book. Although

1690-429: A plebiscite administrator be appointed within six months. Other than demanding that the plebiscite administrator not be from one of the major powers, he placed no other conditions. Historian Gowher Rizvi notes a "dramatic reversal" of India's earlier position. "Nehru was now willing to offer virtually everything that Pakistan had been seeking since 1947". Nehru suggested that the plebiscite could be held in all regions of

1820-406: A plebiscite and a misrepresentation of the desire to liberate Kashmir as an anti-Indian war. Khan also accused India of raising its defence budget in the past two years, a charge which Nehru rejected while expressing surprise at Khan's dismissal of the 'virulent' anti-Indian propaganda. Khan and Nehru also disagreed on the details of the no-war declarations. Khan then submitted a peace plan calling for

1950-411: A plebiscite, and the withdrawal came to signify a vindication of their belief. Indian writer Nirad C. Chaudhuri has observed that Pakistan's acceptance of Western support ensured its survival. He believed that India intended to invade Pakistan twice or thrice during the period 1947–1954. For scholar Wayne Wilcox, Pakistan was able to find external support to counter "Hindu superiority", returning to

2080-585: A plebiscite. McMahon adds that they were "right" since a Muslim majority made a vote to join Pakistan the "most likely outcome" and postponing the plebiscite would serve India's interests. Scholars have commented that the failure of the Security Council efforts of mediation owed to the fact that the Council regarded the issue as a purely political dispute without investigating its legal underpinnings. Declassified British papers indicate that Britain and

2210-484: A press conference that the Assembly's actions would not affect India's plebiscite commitment. The delay caused frustration in Pakistan and Zafrullah Khan went on to say that Pakistan was not keeping a warlike mentality but did not know what Indian intransigence would lead Pakistan and its people to. India accused Pakistan of ceasefire violations and Nehru complained of 'warmongering propaganda' in Pakistan. On 15 July 1951

2340-605: A probe into detainee abuse in Afghanistan and had told the International Red Cross on earlier occasions that he had been mistreated. Hicks told his family in a 2004 visit to Guantanamo Bay that he had been anally assaulted during interrogation by the US in Afghanistan while he was hooded and restrained. Hicks' father claimed; "He said he was anally penetrated a number of times, they put a bag over his head, he wasn't expecting it and didn't know what it was. It

2470-472: A pseudonym he used to circumvent non-Muslim spies he believed intercepted correspondence. In these letters he detailed the validity of jihad and his own prospect of martyrdom . As a Muslim young and fit my responsibility is to protect my brothers from aggressive non-believers and not let them destroy it. Islam will rule again but for now we must have patience we are asked to sacrifice our lives for Allahs cause why not? There are many privileges in heaven. It

2600-681: A series of outback cattle stations in the Northern Territory , Queensland and South Australia . Hicks met Jodie Sparrow in Adelaide when he was 17 years old. Sparrow already had a daughter, whom Hicks raised as his own. Hicks and Sparrow had two children together, daughter Bonnie and son Terry, before separating in 1996. After their separation, Hicks moved to Japan to become a horse trainer. He married Aloysia Brooks in 2009. Hicks appeared in court in April 2017 for allegedly assaulting

2730-733: A subsequent partner in Craigmore, South Australia but the case was dropped with legal costs awarded against the South Australia Police . In 2007, Hicks consented to a plea bargain in which he pleaded guilty to charges of providing material support for terrorism by the United States Guantanamo military commission under the Military Commissions Act of 2006 . Hicks received a suspended sentence and returned to Australia. The conviction

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2860-434: A teenager and was expelled from Smithfield Plains High School in 1990 at age 14. Before turning 15, Hicks was given dispensation by his father from attending school. His former partner has claimed that Hicks turned to criminal activity, including vehicle theft, allegedly in order to feed himself, although no adult criminal record was ever recorded for this. Hicks moved between various jobs, including factory work and working at

2990-465: A training camp. Three months training. After which it is my decision whether to cross the line of control into Indian occupied Kashmir. In another letter on 10 August 2000, Hicks wrote from Kashmir claiming to have been a guest of Pakistan's army for two weeks at the front in the "controlled war" with India : I got to fire hundreds of bullets. Most Muslim countries impose hanging for civilians arming themselves for conflict. There are not many countries in

3120-400: A withdrawal of troops, settlement in Kashmir by plebiscite, renouncing the use of force, end to war propaganda and the signing of a no-war pact. Nehru did not accept the second and third components of this peace plan. The peace plan failed. While an opposition leader in Pakistan did call for war, leaders in both India and Pakistan did urge calm to avert disaster. The Commonwealth had taken up

3250-524: A ″valid″ and ″recommended technique of international co-operation.″ However, the peace was short-lived. Later by 1953, Sheikh Abdullah, who was by then in favour of resolving Kashmir by a plebiscite, an idea which was "anathema" to the Indian government according to historian Zutshi, fell out with the Indian government. He was dismissed and imprisoned in August 1953. His former deputy, Bakshi Ghulam Mohammad

3380-551: Is a territorial conflict over the Kashmir region , primarily between India and Pakistan , and also between China and India in the northeastern portion of the region. The conflict started after the partition of India in 1947 as both India and Pakistan claimed the entirety of the former princely state of Jammu and Kashmir . It is a dispute over the region that escalated into three wars between India and Pakistan and several other armed skirmishes. India controls approximately 55% of

3510-544: Is accused of training at the Mosqua Aqsa camp in Pakistan, after which he "travelled to a border region between Pakistan-controlled Kashmir and Indian-controlled Kashmir, where he engaged in hostile action against Indian forces.". In a March 2000 letter to his family, Hicks wrote: don't ask what's happened, I can't be bothered explaining the outcome of these strange events has put me in Pakistan-Kashmir in

3640-640: Is believed to have written to the Maharaja promising "every sort of favourable treatment," followed by the lobbying of the State's Prime Minister by leaders of Jinnah's Muslim League party. Faced with the Maharaja's indecision on accession, the Muslim League agents clandestinely worked in Poonch to encourage the local Muslims to an armed revolt , exploiting an internal unrest regarding economic grievances. The authorities in Pakistani Punjab waged

3770-518: Is not just war, it is jihad. One reward I get in being martyred I get to take ten members of my family to heaven who were destined for hell, but first I also must be martyred. We are all going to die one day so why not be martyred? David Hicks wrote a number of anti Semitic letters during his time in Afghanistan which were published in The Australian with statements such as "The Jews have complete financial and media control many of them are in

3900-402: The 2010 unrest triggered by an allegedly staged encounter, and during the 2016 unrest which ensued after the killing of a young militant from a Jihadist group , who had risen to popularity through social media. Further unrest in the region erupted after the 2019 Pulwama attack . According to scholars, Indian forces have committed many human rights abuses and acts of terror against

4030-561: The Bagram Airfield in Afghanistan . During a hearing on October 23, 2008, US District Court Judge Richard J. Leon commented on the ambiguity of the term "enemy combatant". Farah Stockman , writing in The Boston Globe , quoted Leon's remarks characterizing him as having "lashed out" at Congress and the Supreme Court for leaving the term undefined: We are here today, much to my dismay, I might add, to deal with

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4160-618: The Demchok sector . After the partition of India and a rebellion in the western districts of the state , Pakistani tribal militias invaded Kashmir, leading the Hindu ruler of Jammu and Kashmir to join India. The resulting Indo-Pakistani War ended with a UN-mediated ceasefire along a line that was eventually named the Line of Control . In 1962, China invaded and fought a war with India along

4290-620: The KLA disbanded as part of UNSCR 1244 . Hicks described his time with the KLA as a life-changing experience and on his return to Australia, converted to Islam and began studying at a mosque in Gilles Plains in Adelaide. On 11 November 1999, Hicks travelled to Pakistan to study Islam and allegedly began training with Lashkar-e-Taiba (L-e-T) in early 2000. In the US Military Commission charges presented in 2004, Hicks

4420-650: The M16 assault rifle, RPG-7 grenade launcher, anti-tank rockets, and VIP security infiltration). Letters to his family detailed his training: I learnt about weapons such as ballistic missiles, surface to surface and shoulder fired missiles, anti aircraft and anti-tank rockets, rapid fire heavy and light machine guns, pistols, AK-47s , mines and explosives. After three months everybody leaves capable and war-ready being able to use all of these weapons capably and responsibly. I am now very well trained for jihad in weapons some serious like anti-aircraft missiles. In January 2001, Hicks

4550-727: The Obama administration announced its abandonment of the Bush administration's use of the term "enemy combatant". In the 1942 Supreme Court of the United States ruling Ex Parte Quirin , the Court uses the terms with their historical meanings to distinguish between unlawful combatants and lawful combatants : Unlawful combatants are likewise subject to capture and detention, but in addition they are subject to trial and punishment by military tribunals for acts which render their belligerency unlawful. The spy who secretly and without uniform passes

4680-685: The Rajouri Massacres of 30,000+ Hindus and Sikhs, locals and refugees from Partition. The massacres would only end with the Indian Army recapturing Rajouri in April 1948. On 25 November, the Pakistani tribesmen and soldiers attacked and took over Mirpur , and began the Mirpur Massacre of Hindus and Sikhs in the area. An estimated 20,000+ Hindus and Sikhs were killed overall. Rapes and other crimes were also committed during

4810-768: The Sikh Empire under Ranjit Singh . The Raja of Jammu Gulab Singh , who was a vassal of the Sikh Empire and an influential noble in the Sikh court, sent expeditions to various border kingdoms and ended up encircling Kashmir by 1840. Following the First Anglo-Sikh War (1845–1846), Kashmir was ceded under the Treaty of Lahore to the East India Company , which transferred it to Gulab Singh through

4940-668: The Taliban being held in detention by the U.S. government. In this sense, "enemy combatant" actually refers to persons the United States regards as unlawful combatants , a category of persons who do not qualify for prisoner-of-war status under the Geneva Conventions . However, unlike unlawful combatants who qualify for some protections under the Fourth Geneva Convention , enemy combatants, under

5070-429: The Treaty of Amritsar , in return for the payment of indemnity owed by the Sikh empire. Gulab Singh took the title of the Maharaja of Jammu and Kashmir. From 1846 till the 1947 partition of India , Kashmir was ruled by maharajas of Gulab Singh's Dogra dynasty , as a princely state under British Paramountcy . The British Raj managed the defence, external affairs, and communications for the princely state and stationed

5200-469: The United States Congress . Revised charges were filed against Hicks in February 2007 before a new commission under the new act. The following month, in accordance with a pre-trial agreement struck with convening authority Judge Susan J. Crawford , Hicks entered an Alford plea to a single newly codified charge of providing material support for terrorism. Hicks's legal team attributed his acceptance of

5330-537: The disputed Indo-Chinese border, including in Indian administered- Ladakh , marking their entry to the Kashmir conflict. In 1965, Pakistan attempted to infiltrate Indian-administered Kashmir to precipitate an insurgency there, resulting in another war fought by the two countries over the region. After further fighting during the war of 1971 , the Simla Agreement formally established the Line of Control between

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5460-405: The plea bargain to his "desperation for release from Guantanamo" and duress under "instances of severe beatings, sleep deprivation and other conditions of detention that contravene international human rights norms." In April 2007, Hicks was returned to Australia to serve the remaining nine months of a suspended seven-year sentence. During this period, he was precluded from all media contact. There

5590-443: The 'aggressor', to have an equal footing. The UN Security Council called on India and Pakistan to honour the resolutions of plebiscite both had accepted in 1948 and 1949. The United States and Britain proposed that if the two could not reach an agreement then arbitration would be considered. Pakistan agreed but Nehru said he would not allow a third person to decide the fate of four million people. Korbel criticised India's stance towards

5720-471: The 11 September attacks but to have been unable to leave Afghanistan. He denied engaging in any actual fighting against US or allied forces and states in his autobiography that he was made to sign the statement under extreme duress. Hicks was captured by a "Northern Alliance warlord" near Kunduz , Afghanistan, on or about 9 December 2001 and turned over to US Special Forces for US$ 5000 on 17 December 2001. Hicks's father Terry, when interviewed, said "David

5850-905: The Australian government" and "The western society is controlled by the Jews". In November 2005, the Australian Broadcasting Corporation 's Four Corners TV program broadcast for the first time a transcript of an interview with Hicks, conducted by the Australian Federal Police (AFP) in 2002, and other material, including a report that Hicks had signed a statement written by American military investigators stating that he had trained with al-Qaeda in Afghanistan, learning guerrilla tactics and urban warfare. The program also reported that Hicks had met Osama bin Laden and that he claimed to have disapproved of

5980-721: The Bali, London and Madrid bombings, and the Beslan school siege . Terry Hicks, said that his son seemed at first unaware, then sceptical, of the 11 September attacks when they spoke on a mobile phone in early November 2001. He also noted David Hicks commented about "going off to Kabul to defend it against the Northern Alliance ." In October and November 2001, Hicks wrote multiple letters to his mother in Australia. He asked that replies were to be directed to Abu Muslim Austraili,

6110-538: The Bush administration, were not covered by the Geneva Convention. Thus, the term "enemy combatant" has to be read in context to determine whether it means any combatant belonging to an enemy state or non-state actor, whether lawful or unlawful, or if it means an alleged member of al-Qaeda or of the Taliban being detained as an unlawful combatant by the United States. In the United States on March 13, 2009,

6240-722: The Congress invoked the War Powers Resolution . Using this authorization granted to him by Congress, on November 13, 2001, President George W. Bush issued a Presidential Military Order: " Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism ". The administration chose to call those who it detained under the Presidential Military Orders "enemy combatants". The Bush administration began using

6370-673: The Constituent Assembly in Indian Kashmir in July 1950 proved contentious. Pakistan protested to the Security Council which informed India that this development conflicted with the parties' commitments. The National Conference rejected this resolution and Nehru supported this by telling Dr Graham that he would receive no help in implementing the Resolution. A month later Nehru adopted a more conciliatory attitude, telling

6500-570: The DoD had long since dropped the allegation that they had plotted to attack the US Embassy in Sarajevo, and they felt that none of the remaining allegations met Leon's definition. On March 13, 2009, United States Attorney General Eric Holder issued a statement that the United States had abandoned the Bush administration term "enemy combatant". The statement said, "As we work toward developing

6630-463: The Government of Pakistan 'to secure the withdrawal from the state of Jammu and Kashmir of tribesmen and Pakistani nationals not normally resident therein who have entered the state for the purpose of fighting.' It also asked Government of India to reduce its forces to minimum strength, after which the circumstances for holding a plebiscite should be put into effect 'on the question of Accession of

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6760-584: The Guantanamo detainees who faced charges into solitary confinement. This was described as a routine measure because of the impending attendance of the detainees at their respective tribunals. Hicks remained in solitary confinement, which was reported to have "deteriorated his condition," for seven weeks after the US Supreme Court confirmed a ruling that the military commissions were unconstitutional . Kashmir conflict Other conflicts Border skirmishes Strikes The Kashmir conflict

6890-526: The Hindus and Sikhs would become vulnerable if he joined Pakistan. On 11 August, the Maharaja dismissed his prime minister Ram Chandra Kak , who had advocated independence. Observers and scholars interpret this action as a tilt towards accession to India. Pakistanis decided to preempt this possibility by wresting Kashmir by force if necessary. Pakistan made various efforts to persuade the Maharaja of Kashmir to join Pakistan. In July 1947, Mohammad Ali Jinnah

7020-707: The Indian Army to secure the city. In the north of the state lay the Gilgit Agency , which had been leased by British India but returned to the Maharaja shortly before Independence. Gilgit's population did not favour the State's accession to India. Sensing their discontent, Major William Brown, the Maharaja's commander of the Gilgit Scouts , mutinied on 1 November 1947, overthrowing the Governor Ghansara Singh. The bloodless coup d'état

7150-404: The Indian perspective, the plebiscite was meant to confirm the accession, which was in all respects already complete, and Pakistan could not aspire to an equal footing with India in the contest. The Pakistan government held that the state of Jammu and Kashmir had executed a standstill agreement with Pakistan which precluded it from entering into agreements with other countries. It also held that

7280-404: The Indian subcontinent ended in 1947 with the creation of new states: the dominions of Pakistan and India , as the successor states to British India . The British Paramountcy over the 562 Indian princely states ended. According to the Indian Independence Act 1947 , "the suzerainty of His Majesty over the Indian States lapses, and with it, all treaties and agreements in force at the date of

7410-413: The Kashmir issue in January 1951. Australian prime minister Robert Menzies suggested that a Commonwealth force be stationed in Kashmir; that a joint Indo-Pakistani force be stationed in Kashmir and the plebiscite administrator be entitled to raise local troops while the plebiscite would be held. Pakistan accepted these proposals but India rejected them because it did not want Pakistan, who was in India's eyes

7540-467: The Kashmiri civilian population, including extrajudicial killing , rape , torture, and enforced disappearances . According to Amnesty International , no member of the Indian military deployed in Jammu and Kashmir has been tried for human rights violations in a civilian court as of June 2015 , although military courts-martial have been held. Amnesty International has also accused the Indian government of refusing to prosecute perpetrators of abuses in

7670-493: The L-e-T offered to provide documentation to allow him to return to Australia, Hicks feared arrest for using false documents. Hicks returned in order to get his passport and birth certificate back so he could travel home to Adelaide. Hicks arrived in the southern Afghan city of Kandahar where he reported to Saif al Adel , who was assigning individuals to locations, and "armed himself with an AK-47 automatic rifle, ammunition, and grenades to fight against coalition forces." Hicks

7800-517: The Maharaja had no authority left to execute accession because his people had revolted and he had to flee the capital. It believed that the Azad Kashmir movement, as well as the tribal incursions, were indigenous and spontaneous, and Pakistan's assistance to them was not open to criticism. In short, India required an asymmetric treatment of the two countries in the withdrawal arrangements, regarding Pakistan as an 'aggressor', whereas Pakistan insisted on parity. The UN mediators tended towards parity, which

7930-564: The Northern Areas wanted to be part of Pakistan. This left the Kashmir Valley and 'perhaps some adjacent country' around Muzaffarabad in uncertain political terrain. Pakistan did not accept this plan because it believed that India's commitment to a plebiscite for the whole state should not be abandoned. Dixon also had concerns that the Kashmiris, not being high-spirited people, may vote under fear or improper influences. Following Pakistan's objections, he proposed that Sheikh Abdullah administration should be held in "commission" (in abeyance) while

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8060-432: The Pakistani Pakhtoon tribesmen made rapid advances into the Baramulla sector. In the Kashmir valley, National Conference volunteers worked with the Indian Army to drive out the 'raiders'. The resulting First Kashmir War lasted until the end of 1948. The Pakistan army made available arms, ammunition and supplies to the rebel forces who were dubbed the "Azad Army". Pakistani army officers "conveniently" on leave and

8190-401: The Pakistani Prime Minister complained that the bulk of the Indian Army was concentrated on the Indo-Pakistan border. The prime ministers of the two countries exchanged telegrams accusing each other of bad intentions. Liaquat Ali Khan rejected Nehru's charge of warmongering propaganda. Khan called it a distortion of the Pakistani press' discontent with India over its persistence in not holding

8320-633: The US Defense Department alleges Hicks questioned bin Laden about the lack of English in training material and subsequently "began to translate the training camp materials from Arabic to English". Hicks denies this and denies having had the necessary language proficiency, a claim supported by Major Michael Mori and fellow detainee Moazzam Begg . The latter said that Hicks could not speak enough Arabic to be understood. Hicks wrote home that he had met Osama bin Laden 20 times. He later, however, told investigators he had exaggerated, that he had seen bin Laden about eight times and spoken to him only once. There are

8450-448: The US and British embassies in Kabul , Afghanistan." Hicks was sent to learn guerrilla techniques for the Pakistani L-e-T for use in disputed Kashmir. Hicks denies any involvement with al-Qaeda. He also denies any knowledge of links between the camp and al-Qaeda. According to Hicks, he did not know of the existence of al-Qaeda until he was taken to Cuba and was interrogated by US military personnel. There were three or four camps under

8580-414: The US civil justice system, so all outstanding habeas corpus petitions were stayed. On June 12, 2008, the United States Supreme Court ruled, in Boumediene v. Bush , that the Military Commissions Act could not remove the right for Guantanamo captives to access the US Federal Court system. And all previous Guantanamo captives' habeas petitions were eligible to be re-instated. The judges considering

8710-425: The US had let their Cold War calculations influence their policy in the UN, disregarding the merits of the case. The UNCIP appointed its successor, Sir Owen Dixon , to implement demilitarisation prior to a statewide plebiscite on the basis of General McNaughton's scheme, and to recommend solutions to the two governments. Dixon's efforts for a statewide plebiscite came to naught due to India's constant rejection of

8840-413: The US military. In 1965, it decided that the conditions were ripe for a successful guerilla war in Kashmir. Code named ' Operation Gibraltar ', companies were dispatched into Indian-administered Kashmir, the majority of whose members were razakars (volunteers) and mujahideen recruited from Pakistan-administered Kashmir and trained by the Army. These irregular forces were supported by officers and men from

8970-492: The US office of Military Commissions, said, "He eventually left Afghanistan and it's my understanding was heading back to Australia when 9/11 happened. When he heard about 9/11, he said it was a good thing (and) he went back to the battlefield, back to Afghanistan, and reported in to the senior leadership of al-Qaeda and basically said, 'I'm David Hicks and I'm reporting for duty. ' " Davis also compared Hicks' alleged actions to that of those who carried out terrorist attacks such as

9100-434: The United States or its coalition partners. This includes any person who committed a belligerent act or has directly supported hostilities in aid of enemy armed forces." This lead has been followed by other parts of the Government and some section of the American news media. The result of this new usage means that the term "enemy combatant" has to be read in the context of the article in which it appears as to whether it means

9230-551: The accession. In the words of the National Conference leader Syed Mir Qasim , India had the "legal" as well as "moral" justification to send in the army through the Maharaja's accession and the people's support of it. The Indian troops, which were airlifted in the early hours of 27 October, secured the Srinagar airport. The city of Srinagar was being patrolled by the National Conference volunteers with Hindus and Sikhs moving about freely among Muslims, an "incredible sight" to visiting journalists. The National Conference also worked with

9360-421: The aftermath. According to Jinnah, India acquired the accession through "fraud and violence". A plebiscite was unnecessary and states should accede according to their majority population. He was willing to urge Junagadh to accede to India in return for Kashmir. For a plebiscite, Jinnah demanded simultaneous troop withdrawal for he felt that 'the average Muslim would never have the courage to vote for Pakistan' in

9490-435: The alias "Muhammad Dawood" (to protect himself from attack). Hicks allegedly "attended a number of al-Qaeda training courses at various camps around Afghanistan, learning guerrilla warfare, weapons training, including landmines, kidnapping techniques and assassination methods." He also allegedly participated "in an advanced course on surveillance, in which he conducted surveillance of the abandoned buildings that had formerly been

9620-604: The attempt failed, Pakistan hoped to have raised international attention to the Kashmir issue. Using the newly acquired sophisticated weapons through the American arms aid, Pakistan believed that it could achieve tactical victories in a quick limited war. Enemy combatant After the September 11 attacks , the term "enemy combatant" was used by the George W. Bush administration to include an alleged member of al-Qaeda or

9750-482: The beginning of September. He communicated the Maharaja's willingness to accede to India. Nehru, however, demanded that the jailed political leader, Sheikh Abdullah , be released from prison and involved in the state government. Only then would he allow the state to accede. The Maharaja released Sheikh Abdullah on 29 September. The Maharaja's troops could not withstand the tribal militia attack in September and October 1947; they were heavily outnumbered and outgunned by

9880-407: The captives' habeas petitions would be considering whether the evidence used to compile the allegations that the detainees were enemy combatants justified a classification of "enemy combatant". On February 20, 2009, the administration of President Barack Obama sided with the Bush administration's interpretation of law when they argued to bar access to civil courts sought by enemy combatants held at

10010-737: The dispute to the United Nations under article 35 of the UN Charter, which allows the member states to bring to the Security Council attention situations 'likely to endanger the maintenance of international peace'. Nehru and other Indian leaders were afraid since 1947 that the "temporary" accession to India might act as an irritant to the bulk of the Muslims of Kashmir. V.P. Menon, Secretary in Patel's Ministry of States, admitted in an interview in 1964 that India had been absolutely dishonest on

10140-643: The eastern districts of Jammu that started in September, developed into a widespread 'massacre' of Muslims around October, organised by the Hindu Dogra troops of the State and perpetrated by the local Hindus, including members of the Rashtriya Swayamsevak Sangh , and the Hindus and Sikhs displaced from the neighbouring areas of West Pakistan. The Maharaja himself was implicated in some instances. A large number of Muslims were killed. Others fled to West Pakistan, some of whom made their way to

10270-547: The favourite recruit" of their al-Qaeda trainers during exercises at the al-Farouq camp near Kandahar . The memoir made a number of claims, including that Hicks was teamed in the training camp with Filipino recruits from the Moro Islamic Liberation Front and that, during internment in Camp X-Ray , Hicks allegedly described his desire to "go back to Australia and rob and kill Jews ... crash

10400-677: The former officers of the Indian National Army were recruited to command the forces. In May 1948, the Pakistani army officially entered the conflict, in theory to defend the Pakistan borders, but it made plans to push towards Jammu and cut the lines of communications of the Indian forces in the Mendhar valley . C. Christine Fair notes that this was the beginning of Pakistan using irregular forces and "asymmetric warfare" to ensure plausible deniability , which has continued ever since. On 1 November 1947, Mountbatten flew to Lahore for

10530-572: The group security position of the early 20th century. In 1962, troops from the People's Republic of China and India clashed in territory claimed by both. China won a swift victory in the war. Aksai Chin , part of which was under Chinese jurisdiction before the war, remained under Chinese control since then. Another smaller area, the Trans-Karakoram , was demarcated as the Line of Control (LOC) between China and Pakistan, although some of

10660-705: The issue of plebiscite. A.G. Noorani blames many Indian and Pakistani leaders for the misery of Kashmiri people but says that Nehru was the main culprit. India sought resolution of the issue at the UN Security Council , despite Sheikh Abdullah 's opposition to it. Following the set-up of the United Nations Commission for India and Pakistan (UNCIP), the UN Security Council passed Resolution 47 on 21 April 1948. The measure called for an immediate cease-fire and called on

10790-586: The land area of the region that includes Jammu , the Kashmir Valley , most of Ladakh , the Siachen Glacier , and 70% of its population; Pakistan controls approximately 30% of the land area that includes Azad Kashmir and Gilgit-Baltistan ; and China controls the remaining 15% of the land area that includes the Aksai Chin region, the mostly uninhabited Trans-Karakoram Tract , and part of

10920-659: The law of war subject to trial and punishment by military tribunals. (Emphasis added) Johnson v. Eisentrager (1950) reaffirmed the idea that the Constitution does not apply to enemy combatants, and that U.S. courts lack jurisdiction over them. In the wake of the September 11, 2001 attacks the United States Congress passed a resolution known as the Authorization for Use of Military Force Against Terrorists (AUMF) on September 14, 2001, wherein

11050-411: The military lines of a belligerent in time of war, seeking to gather military information and communicate it to the enemy, or an enemy combatant who without uniform comes secretly through the lines for the purpose of waging war by destruction of life or property, are familiar examples of belligerents who are generally deemed not to be entitled to the status of prisoners of war, but to be offenders against

11180-538: The name Muhammed Dawood (محمد داود). He was later reported to have been publicly denounced due to his lack of religious observance. Hicks was captured in Afghanistan in December 2001 by the Afghan Northern Alliance and sold for a US$ 5,000 bounty to the United States military. He was transported to Guantanamo Bay where he was designated an enemy combatant . He alleged that during his detention, he

11310-682: The name of Camp Farouk at that time in Afghanistan. I attended the open mainstream camp, not terrorist camps. I would not have been there if there was any suggestion of terrorist activity or the targeting of civilians. How would a white boy new to Islam, not understanding local customs or languages, largely uneducated in the ways of the world, get access to such supposedly secret camps planning acts of terror? The camps I attended were not al-Qaeda. I did not hear about such an organisation until my arrival in Guantanamo Bay. On one occasion when al-Qaeda founder Osama bin Laden visited an Afghan camp,

11440-405: The next day. While the Government of India accepted the accession, it added the proviso that it would be submitted to a "reference to the people" after the state is cleared of the invaders, since "only the people, not the Maharaja, could decide where Kashmiris wanted to live."; it was a provisional accession. The largest political party, National Conference , headed by Sheikh Abdullah, endorsed

11570-618: The paramilitary Northern Light Infantry and Azad Kashmir Rifles as well as commandos from the Special Services Group . About 30,000 infiltrators are estimated to have been dispatched in August 1965 as part of the 'Operation Gibraltar'. The plan was for the infiltrators to mingle with the local populace and incite them to rebellion. Meanwhile, guerilla warfare would commence, destroying bridges, tunnels and highways, as well as Indian Army installations and airfields, creating conditions for an 'armed insurrection' in Kashmir. If

11700-515: The passing of this Act between His Majesty and the rulers of Indian States". States were thereafter left to choose whether to join India or Pakistan or to remain independent. Jammu and Kashmir, the largest of the princely states, had a predominantly Muslim population ruled by the Hindu Maharaja Hari Singh . He decided to stay independent because he expected that the State's Muslims would be unhappy with accession to India, and

11830-665: The plebiscite administrator ( Admiral Nimitz , appointed by the UN Security Council) with somebody from a smaller neutral power that had no strategic interests in the region. Pakistanis suspected sinister motives and time was whittled away. The USA in February 1954 announced that it wanted to provide military aid to Pakistan. The US signed a military pact with Pakistan in May by which Pakistan would receive military equipment and training. The US president tried to alleviate India's concerns by offering similar weaponry to India. This

11960-464: The plebiscite was held. This was not acceptable to India which rejected the Dixon plan. Another grounds for India's rejection of the limited plebiscite was that it wanted Indian troops to remain in Kashmir for "security purposes", but would not allow Pakistani troops the same. However, Dixon's plan had encapsulated a withdrawal by both sides. Dixon had believed a neutral administration would be essential for

12090-402: The population which had intense pro-Pakistan sentiments. Pakistan's Political Agent, Khan Mohammad Alam Khan, arrived on 16 November and took over the administration of Gilgit. According to various scholars, the people of Gilgit as well as those of Chilas, Koh Ghizr, Ishkoman, Yasin, Punial, Hunza and Nagar joined Pakistan by choice. Rebel forces from the western districts of the State and

12220-732: The presence of Indian troops and with Sheikh Abdullah in power. When Mountbatten countered that the plebiscite could be conducted by the United Nations, Jinnah, hoping that the invasion would succeed and Pakistan might lose a plebiscite, again rejected the proposal, stating that the Governors General should conduct it instead. Mountbatten noted that it was untenable given his constitutional position and India did not accept Jinnah's demand of removing Sheikh Abdullah. Prime Ministers Nehru and Liaquat Ali Khan met again in December, when Nehru informed Khan of India's intention to refer

12350-838: The region. Moreover, there have been instances of human rights abuses in Azad Kashmir , including but not limited to political repressions and forced disappearances. Brad Adams , the Asia director at Human Rights Watch said in 2006 "Although 'Azad' means 'free', the residents of Azad Kashmir are anything but free. The Pakistani authorities govern Azad Kashmir with strict controls on basic freedoms". The OHCHR reports on Kashmir released two reports on "the situation of human rights in Indian-Administered Kashmir and Pakistan-Administered Kashmir". The Afghan Durrani Empire ruled Kashmir from 1752 until its 1819 conquest by

12480-434: The state and the state could be partitioned on the basis of the results. He was open to a "different approach" to the scaling back of troops in the State so as to allow a free vote. Pakistani prime minister Bogra was able to return home triumphantly. However, in the face of questions and criticisms from colleagues, his commitment began to waver. The main objection from the Pakistani leaders was to Nehru's demand for replacing

12610-407: The state to India or Pakistan.' However, it was not until 1 January 1949 that the ceasefire could be put into effect, signed by General Douglas Gracey on behalf of Pakistan and General Roy Bucher on behalf of India. However, both India and Pakistan failed to arrive at a truce agreement due to differences over interpretation of the procedure for and the extent of demilitarisation. One sticking point

12740-633: The term by using it specifically for detained alleged members and supporters of al-Qaida or the Taliban. For example: Under the provisions of the Secretary of the Navy Memorandum Implementation of Combatant Status Review Tribunal Procedures for Enemy Combatant Detained at Guantanamo Bay Naval Base Cuba ... An enemy combatant has been defined as "an individual who was part of or supporting the Taliban or al Qaida forces, or associated forces that are engaged in hostilities against

12870-514: The term in March 2002. William Lietzau, a legal advisor in the Bush administration first proposed using the term. According to Lietzau, America was detaining people not because they were criminals, but because they were the enemy. While the term was not drawn from the Quirin case, the administration looked to Quirin as validation of the term. Since then, the administration has formalized its usage of

13000-576: The territories under Indian and Pakistani control. In 1999, an armed conflict between the two countries broke out again in Kargil with no effect on the status quo . In 1989, an armed insurgency erupted against Indian rule in Indian-administered Kashmir Valley , based on demands for self-determination after years of political disenfranchisement and alienation, with logistical support from Pakistan. Spearheaded by

13130-511: The territory on the Chinese side is claimed by India to be part of Kashmir. The line that separates India from China in this region is known as the " Line of Actual Control ". Following its failure to seize Kashmir in 1947, Pakistan supported numerous 'covert cells' in Kashmir using operatives based in its New Delhi embassy. After its military pact with the United States in the 1950s, it intensively studied guerrilla warfare through engagement with

13260-483: The time that his crimes were committed. David Hicks was born in Adelaide , South Australia , to Terry and Susan Hicks. His parents separated when he was ten years old, and his father later remarried. He has a half sister. Described by his father as "a typical boy who couldn't settle down" and by his former school principal as one of "the most troublesome kids", Hicks reportedly experimented with alcohol and drugs as

13390-555: The tribal militias, and were also facing internal rebellions from Muslim troops. The Maharaja made an urgent plea to Delhi for military assistance. Upon the Governor General Lord Mountbatten 's insistence, India required the Maharaja to accede before it could send troops. Accordingly, the Maharaja signed an instrument of accession on 26 October 1947, which was accepted by the Governor General

13520-536: The various alternative demilitarisation proposals, for which Dixon rebuked India harshly. Dixon then offered an alternative proposal, widely known as the Dixon plan. Dixon did not view the state of Jammu and Kashmir as one homogeneous unit and therefore proposed that a plebiscite be limited to the Valley. Dixon agreed that people in Jammu and Ladakh were clearly in favour of India; equally clearly, those in Azad Kashmir and

13650-521: The western districts of Poonch and Mirpur, which were undergoing rebellion . Many of these Muslims believed that the Maharaja ordered the killings in Jammu which instigated the Muslims in West Pakistan to join the uprising in Poonch and help in the formation of the Azad Kashmir government. The rebel forces in the western districts of Jammu were organised under the leadership of Sardar Ibrahim ,

13780-696: The western districts of the state and the other for organising a Pushtoon tribal invasion. Both were set in motion. The Jammu division of the state got caught up in the Partition violence. Large numbers of Hindus and Sikhs from Rawalpindi and Sialkot started arriving in March 1947 following massacres in Rawalpindi , bringing "harrowing stories of Muslim atrocities." According to Ilyas Chattha, this provoked counter-violence on Jammu Muslims , which had "many parallels with that in Sialkot." The violence in

13910-468: The world where a tourist, according to his visa, can go to stay with the army and shoot across the border at its enemy, legally. During this period, Hicks kept a notebook to document his training in weapon use, explosives, and military tactics, in which he wrote that guerrilla warfare involved "sacrifice for Allah". He took extensive notes on, and made sketches of, various weaponry mechanisms and attack strategies (including Heckler & Koch submachine guns,

14040-458: Was accepted by India but effectively rejected by Pakistan. The Indian government considered itself to be under legal possession of Jammu and Kashmir by virtue of the accession of the state. The assistance given by Pakistan to the rebel forces and the Pakhtoon tribes was held to be a hostile act and the further involvement of the Pakistan army was taken to be an invasion of Indian territory. From

14170-411: Was actively opposed in Jammu and Ladakh, where it revived long-held demands for autonomy from Kashmiri dominance and greater integration with India. The fighting resulted in tens of thousands of casualties, both combatant and civilian. The militancy also resulted in the exodus of Kashmiri Hindus from the predominantly Muslim Kashmir Valley in the early 1990s. Counterinsurgency by the Indian government

14300-489: Was an unsuccessful attempt. Nehru's misgivings about the US-Pakistan pact made him hostile to a plebiscite. Consequently, when the pact was concluded in May 1954, Nehru withdrew the plebiscite offer and declared that the status quo was the only remaining option. Nehru's withdrawal from the plebiscite option came as a major blow to all concerned. Scholars have suggested that India was never seriously intent on holding

14430-437: Was appointed as the prime minister, and Indian security forces were deployed in the Valley to control the streets. With India's "abridged authority" in Kashmir, Nehru decided that a settlement must be found. India could not hold Kashmir "at the point of a bayonet". Starting in July 1953, he made a renewed push on the plebiscite option in discussions with Pakistan. In bilateral talks held in Delhi in August 1953, he proposed that

14560-468: Was captured and brought to the U.S. to be tried. He was then detained by the United States in Guantanamo Bay detention camp , where he reported undergoing torture at the hands of American soldiers, from 2002 until 2007. He was eventually convicted under the Military Commissions Act of 2006 . In 2012, his conviction was overturned because the law under which he was charged had not been passed at

14690-749: Was captured by the Northern Alliance unarmed in the back of a truck or a van. So he wasn't on the battlefield at all." In 2002, Hicks's father sought to have him brought to Australia for trial. In 2003, the Australian government requested that Hicks be brought to trial without further delay, extending Hicks consular support and legal aid under the Special Circumstances Overseas Scheme. In an affidavit, dated 5 August 2004 and released on 10 December 2004, Hicks alleged mistreatment by US forces, included being: He also said he met with US military investigators conducting

14820-518: Was coupled with repression of the local population and increased militarisation of the region, while various insurgent groups engaged in a variety of criminal activity. The 2010s were marked by civil unrest within the Kashmir Valley, fuelled by unyielding militarisation, rights violations, mis-rule and corruption, wherein protesting local youths violently clashed with Indian security forces, with large-scale demonstrations taking place during

14950-525: Was criticism that the government delayed his release until after the 2007 Australian election . Colonel Morris Davis , the former Pentagon chief prosecutor , later confessed political interference in the case by the Bush administration in the United States and the Howard government in Australia. He said that Hicks should not have been prosecuted. Hicks served his term in Adelaide's Yatala Labour Prison and

15080-631: Was given a choice of three locations and chose to join an alleged group of al-Qaeda fighters defending the Kandahar airport. After Coalition bombing commenced in October 2001, Hicks began guarding a Taliban tank position outside the airport. After guarding the tank for a week, Hicks, with an L-e-T acquaintance, travelled closer to the battle front in Kunduz where he joined others, including John Walker Lindh . Colonel Morris Davis , chief prosecutor for

15210-557: Was no longer a Muslim, saying it was a personal issue. Around May 1999, Hicks travelled to Albania in order to join the Kosovo Liberation Army . The US military alleged that he undertook basic training and hostile action before returning to Australia and converting to Islam. The KLA did not accept Islamic fundamentalism, and many of its fighters and fundraisers were Catholic . In June 1999, the Kosovo War ended and

15340-517: Was not to India's satisfaction. In the end, no withdrawal was ever carried out, India insisting that Pakistan had to withdraw first, and Pakistan contending that there was no guarantee that India would withdraw afterwards. No agreement could be reached between the two countries on the process of demilitarisation. Cold War historian Robert J. McMahon states that American officials increasingly blamed India for rejecting various UNCIP truce proposals under various dubious legal technicalities just to avoid

15470-461: Was overturned by the US Court of Military Commission Review in February 2015. Hicks became one of the first people charged and subsequently convicted under the Military Commissions Act . There was widespread Australian and international criticism and political controversy over Hicks' treatment, the evidence tendered against him, his trial outcome, and the newly created legal system under which he

15600-420: Was part of or supporting Taliban or al Qaeda forces, or associated forces that are engaged in hostilities against the United States or its coalition partners. This includes any person who has committed belligerent act or has directly supported hostilities in aid of enemy armed forces. Defense attorneys for Lakhdar Boumediene and his fellow Bosnians of Algerians descent were pleased with the definition because

15730-483: Was planned by Brown to the last detail under the code name " Datta Khel " . Local leaders in Gilgit formed a provisional government ( Aburi Hakoomat ), naming Raja Shah Rais Khan as the president and Mirza Hassan Khan as the commander-in-chief. But, Major Brown had already telegraphed Khan Abdul Qayyum Khan asking Pakistan to take over. According to historian Yaqoob Khan Bangash, the provisional government lacked sway over

15860-475: Was proposed for the withdrawal of forces. In the first part, Pakistan was to withdraw its forces as well as other Pakistani nationals from the state. In the second part, "when the Commission shall have notified the Government of India" that Pakistani withdrawal has been completed, India was to withdraw the bulk of its forces. After both the withdrawals were completed, a plebiscite would be held. The resolution

15990-536: Was prosecuted. In October 2012, the United States Court of Appeals ruled that the charge under which Hicks had been convicted was invalid because the law did not exist at the time of the alleged offence, and it could not be applied retroactively. In January 2015, Hicks' lawyer announced that the US government had said that Hicks' conviction was not correct and that it does not dispute his innocence. Earlier, during 1999, Hicks converted to Islam and took

16120-480: Was provided with funding and an introductory letter from Lashkar-e-Taiba. He travelled to Afghanistan to attend training. According to Hicks' autobiography Guantanamo: My Journey , he was unfamiliar with the name Al-Qaeda until after his detainment in Guantanamo Bay. Upon arrival in Afghanistan, Hicks allegedly went to an al-Qaeda guest house where he met Ibn al-Shaykh al-Libi , a high-ranking al Qaeda member. He turned over his passport and told them that he would use

16250-478: Was quite brutal." In a Four Corners interview, Terry Hicks discussed these "allegations of physical and sexual abuse of his son by American soldiers". According to conversations with his father, Hicks said he had been abused by both Northern Alliance and US soldiers. In response, the Australian government announced its acceptance of US assurances that David Hicks had been treated in accordance with international law. In March 2006, camp authorities moved all ten of

16380-560: Was released under a control order on 29 December 2007. The control order expired in December 2008. Hicks still lives in Adelaide and has written an autobiography. Hicks converted to Islam , and began studying Wahhabism at a mosque in Gilles Plains , a suburb north of Adelaide . The president of the Islamic Society of South Australia , Wali Hanifi , described Hicks as having "some interest in military things", and that "after personal experience and research, [found] that Islam

16510-532: Was subsequently appointed as the prime minister , and Indian security forces were deployed in the Valley to control the streets. In May 1953, the US Secretary of State John Foster Dulles recommended India and Pakistan seek a bilateral solution. Around this time, Sheikh Abdullah fell out with the Indian government and lost the support of his colleageues in his cabinet. He was dismissed and imprisoned in August 1953. His former deputy, Bakshi Ghulam Mohammad

16640-469: Was the answer". In 2010, Hicks explained his motivation to convert to Islam: My motivation was not a religious search for spirituality; it was more a search for somewhere to belong and to be with people who shared my interest in world affairs. In my youth I was impulsive. Unfortunately, many of my decisions of that time are a reflection of that trait. He renounced his faith during the earlier years of his detention at Guantánamo. In June 2006, Moazzam Begg ,

16770-453: Was tortured via anal examination. The United States first filed charges against Hicks in 2004 under a military commission system newly created by Presidential Order . Those proceedings failed in 2006 when the Supreme Court of the United States ruled, in Hamdan v. Rumsfeld , that the military commission system was unconstitutional. The military commission system was re-established by an act of

16900-484: Was whether the Azad Kashmiri army was to be disbanded during the truce stage or at the plebiscite stage. The UNCIP made three visits to the subcontinent between 1948 and 1949, trying to find a solution agreeable to both India and Pakistan. It reported to the Security Council in August 1948 that "the presence of troops of Pakistan" inside Kashmir represented a "material change" in the situation. A two-part process

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