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"The bottom line is that Mr. Hamidullin is a soldier, not a criminal," federal public defender Geremy Kamens told a three-judge panel of the 4th U.S. Circuit Court of Appeals. The Russian military veteran who was a part of the Taliban-affiliated Haqquani Network was sentenced to life in prison last year on charges including material support to terrorism for the 2009 attack. Hamidullin, who was captured after being shot and wounded, was the lone survivor among about 30 insurgents. The coalition forces sustained no casualties. His case is one of only two in the last 15 years in which a court considered whether a Taliban fighter enjoyed combatant immunity. The judge in the other case sided with the government. The extraordinary nature of the case was not lost on the judges on Friday. "There's a lot of stake here," Judge Robert B. King remarked. Under the Geneva Convention, fighters are granted prisoner of war status and shielded from criminal prosecution if they have a leadership hierarchy, a distinctive uniform or insignia, carry arms openly and adhere to the laws and customs of war.
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