AL WARAFI v. Obama
2011 U.S. Dist. LEXIS 126798
D.D.C.2011Background
- Petitioner Mukhtar Al Warafi was detained by the United States on the al-Qaeda/Taliban nexus; the court previously found he was more likely than not part of the Taliban at capture.
- Petitioner argued he was permanently and exclusively engaged as a medic under Article 24 of the First Geneva Convention, seeking protection from detention.
- The DC Circuit remanded to determine whether petitioner satisfied Article 24 and AR 190-8, §3-15(b)(1)-(2) requirements for permanent medical personnel.
- At remand, petitioner produced a second declaration claiming full-time medic work under Dr. Abdul Aziz with no military duties.
- Respondents argued petitioner failed to prove permanent, exclusive medical status due to lack of proper identification and armlet/card as required by Article 40 and AR 190-8.
- The court held that Article 24 status requires formal identification; petitioner lacked such identification, so he could not be treated as permanent medical personnel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Al Warafi is permanently and exclusively engaged as a medic under Article 24 and AR 190-8 | Al Warafi claims permanent medic status via full-time medical work with Dr. Aziz. | Respondents contend no permanent status due to lack of formal identification and armlet/card. | Denied; no Article 24 status due to lack of identification. |
| Who bears the burden of proving status under Article 24/AR 190-8 | Burden shifts to petitioner once government shows Taliban affiliation. | Burden remains with government unless Article 24 status is proven as applicable. | Burden on petitioner to prove Article 24/AR 190-8 status after government proves Taliban affiliation. |
| Whether proper identification is required to prove Article 24 status | Functional proof suffices to show exclusive medical work. | Identification is essential under Article 40 and GC Commentary. | Identification is required; armlet and identity card are needed to prove Article 24 status. |
Key Cases Cited
- Hamdi v. Rumsfeld, 542 U.S. 507 (2004) (burden-shifting framework for detainees after government proves enemy-combatant status)
- Al-Bihani v. Obama, 590 F.3d 866 (D.C. Cir. 2010) (detention authority under AUMF informed by laws of war; Geneva Conventions relevance)