Following the D.C. Circuit's decision on Friday, military tribunals will have a more difficult time prosecuting terrorists. The court threw out another charge brought against Ali Hamza al-Bahlul, a former assistant to Osama bin Laden.
For the past 13 years, al-Bahlul has been held in Guantanamo Bay. A number of criminal charges have been brought against him unsuccessfully. The latest charge, conspiracy, was knocked down by the D.C. Circuit for a simple reason: the international law of war doesn't recognize the offense of conspiracy.