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This document does not purport to provide a prosecutable case against Usama Bin Laden in a court of law. Intelligence often cannot be used evidentially, due both to the strict rules of admissibility and to the need to protect the safety of sources. But on the basis of all the information available HMG is confident of its conclusions as expressed in this document.
1. The clear conclusions reached by the government are:
2. The material in respect of 1998 and the USS Cole comes from indictments and intelligence sources. The material in respect of 11 September comes from intelligence and the criminal investigation to date. The details of some aspects cannot be given, but the facts are clear from the intelligence.
3. The document does not contain the totality of the material known to HMG, given the continuing and absolute need to protect intelligence sources.
4. The relevant facts show:
In relation to the terrorist attacks on 11 September
5. After 11 September we learned that, not long before, Bin Laden had indicated he was about to launch a major attack on America. The detailed planning for the terrorist attacks of 11 September was carried out by one of UBL's close associates. Of the 19 hijackers involved in 11 September 2001, it has already been established that at least three had links with Al Qaida. The attacks on 11 September 2001 were similar in both their ambition and intended impact to previous attacks undertaken by Usama Bin laden and Al Qaida, and also had features in common. In particular:
6. Al Qaida retains the capability and the will to make further attacks on the US and its allies, including the United Kingdom.
7. Al Qaida gives no warning of terrorist attack.
Usama Bin Laden and Al Qaida
8. In 1989 Usama Bin Laden, and others, founded an international terrorist group known as "Al Qaida" (the Base). At all times he has been the leader of Al Qaida.
9. From 1989 until 1991 Usama Bin Laden was based in Afghanistan and Peshawar, Pakistan. In 1991 he moved to Sudan, where he stayed until 1996. In that year he returned to Afghanistan, where he remains.
The Taleban Regime
10. The Taleban emerged from the Afghan refugee camps in Pakistan in the early 1990s. By 1996 they had captured Kabul. They are still engaged in a bloody civil war to control the whole of Afghanistan. They are led by Mullah Omar.
11. In 1996 Usama Bin Laden moved back to Afghanistan. He established a close relationship with Mullah Omar, and threw his support behind the Taleban. Usama Bin Laden and the Taleban regime have a close alliance on which both depend for their continued existence. They also share the same religious values and vision.
12. Usama Bin Laden has provided the Taleban regime with troops, arms, and money to fight the Northern Alliance. He is closely involved with Taleban military training, planning and operations. He has representatives in the Taleban military command structure. He has also given infrastructure assistance and humanitarian aid. Forces under the control of Usama Bin Laden have fought alongside the Taleban in the civil war in Afghanistan.
13. Omar has provided Bin Laden with a safe haven in which to operate, and has allowed him to establish terrorist training camps in Afghanistan. They jointly exploit the Afghan drugs trade. In return for active Al Qaida support, the Taleban allow Al Qaida to operate freely, including planning, training and preparing for terrorist activity. In addition the Taleban provide security for the stockpiles of drugs.
14. Since 1996, when the Taleban captured Kabul, the United States government has consistently raised with them a whole range of issues, including humanitarian aid and terrorism. Well before 11 September 2001 they had provided evidence to the Taleban of the responsibility of Al Qaida for the terrorist attacks in East Africa. This evidence had been provided to senior leaders of the Taleban at their request.
15. The United States government had made it clear to the Taleban regime that Al Qaida had murdered US citizens, and planned to murder more. The US offered to work with the Taleban to expel the terrorists from Afghanistan. These talks, which have been continuing since 1996, have failed to produce any results.
16. In June 2001, in the face of mounting evidence of the Al Qaida threat, the United States warned the Taleban that it had the right to defend itself and that it would hold the regime responsible for attacks against US citizens by terrorists sheltered in Afghanistan.
17. In this, the United States had the support of the United Nations. The Security Council, in Resolution 1267, condemned Usama Bin Laden for sponsoring international terrorism and operating a network of terrorist camps, and demanded that the Taleban surrender Usama Bin Laden without further delay so that he could be brought to justice.
18. Despite the evidence provided by the US of the responsibility of Usama Bin Laden and Al Qaida for the 1998 East Africa bombings, despite the accurately perceived threats of further atrocities, and despite the demands of the United Nations, the Taleban regime responded by saying no evidence existed against Usama Bin Laden, and that neither he nor his network would be expelled.
19. A former Government official in Afghanistan has described the Taleban and Usama Bin Laden as "two sides of the same coin: Usama cannot exist in Afghanistan without the Taleban and the Taleban cannot exist without Usama."
20. Al Qaida is dedicated to opposing 'un-Islamic' governments in Muslim countries with force and violence.
21. Al Qaida virulently opposes the United States. Usama Bin Laden has urged and incited his followers to kill American citizens, in the most unequivocal terms.
22. On 12 October 1996 he issued a declaration of jihad as follows:
"The people of Islam have suffered from aggression, iniquity and injustice imposed by the Zionist-Crusader alliance and their collaborators . . .
It is the duty now on every tribe in the Arabian peninsula to fight jihad and cleanse the land from these Crusader occupiers. Their wealth is booty to those who kill them.
My Muslim brothers: your brothers in Palestine and in the land of the two Holy Places [i.e. Saudi Arabia] are calling upon your help and asking you to take part in fighting against the enemy - the Americans and the Israelis. They are asking you to do whatever you can to expel the enemies out of the sanctities of Islam."
Later in the same year he said that
"terrorising the American occupiers [of Islamic Holy Places] is a religious and logical obligation."
In February 1998 he issued and signed a 'fatwa' which included a decree to all Muslims:
". . . the killing of Americans and their civilian and military allies is a religious duty for each and every Muslim to be carried out in whichever country they are until Al Aqsa mosque has been liberated from their grasp and until their armies have left Muslim lands."
In the same 'fatwa' he called on Muslim scholars and their leaders and their youths to
"launch an attack on the American soldiers of Satan."
"We - with God's help - call on every Muslim who believes in God and wishes to be rewarded to comply with God's order to kill Americans and plunder their money whenever and wherever they find it. We also call on Muslims . . . to launch the raid on Satan's US troops and the devil's supporters allying with them, and to displace those who are behind them."
When asked, in 1998, about obtaining chemical or nuclear weapons he said
"acquiring such weapons for the defence of Muslims [was] a religious duty."
In an interview aired on Al Jazira (Doha, Qatar) television he stated:
"Our enemy is every American male, whether he is directly fighting us or paying taxes."
In two interviews broadcast on US television in 1997 and 1998 he referred to the terrorists who carried out the earlier attack on the World Trade Center in 1993 as "role models". He went on to exhort his followers "to take the fighting to America."
23. From the early 1990s Usama Bin Laden has sought to obtain nuclear and chemical materials for use as weapons of terror.
24. Although US targets are Al Qaida's priority, it also explicitly threatens the United States' allies. References to "Zionist-Crusader alliance and their collaborators," and to "Satan's US troops and the devil's supporters allying with them" are references which unquestionably include the United Kingdom.
25. There is a continuing threat. Based on our experience of the way the network has operated in the past, other cells, like those that carried out the terrorist attacks on 11 September, must be assumed to exist.
26. Al Qaida functions both on its own and through a network of other terrorist organisations. These include Egyptian Islamic Jihad and other north African Islamic extremist terrorist groups, and a number of other jihadi groups in other countries including the Sudan, Yemen, Somalia, Pakistan and India. Al Qaida also maintains cells and personnel in a number of other countries to facilitate its activities.
27. Usama Bin Laden heads the Al Qaida network. Below him is a body known as the Shura, which includes representatives of other terrorist groups, such as Egyptian Islamic Jihad leader Ayman Zawahiri and prominent lieutenants of Bin Laden such as Abu Hafs Al-Masri. Egyptian Islamic Jihad has, in effect, merged with Al Qaida.
28. In addition to the Shura, Al Qaida has several groups dealing with military, media, financial and Islamic issues.
29. Mohamed Atef is a member of the group that deals with military and terrorist operations. His duties include principal responsibility for training Al Qaida members.
30. Members of Al Qaida must make a pledge of allegiance to follow the orders of Usama Bin Laden.
31. A great deal of evidence about Usama Bin Laden and Al Qaida has been made available in the US indictment for earlier crimes.
32. Since 1989, Usama Bin Laden has conducted substantial financial and business transactions on behalf of Al Qaida and in pursuit of its goals. These include purchasing land for training camps, purchasing warehouses for the storage of items, including explosives, purchasing communications and electronics equipment, and transporting currency and weapons to members of Al Qaida and associated terrorist groups in countries throughout the world.
33. Since 1989 Usama Bin Laden has provided training camps and guest houses in Afghanistan, Pakistan, the Sudan, Somalia and Kenya for the use of Al Qaida and associated terrorist groups. We know from intelligence that there are currently at least a dozen camps across Afghanistan, of which at least four are used for training terrorists.
34. Since 1989, Usama Bin Laden has established a series of businesses to provide income for Al Qaida, and to provide cover for the procurement of explosives, weapons and chemicals, and for the travel of Al Qaida operatives. The businesses have included a holding company known as 'Wadi Al Aqiq', a construction business known as 'Al Hijra', an agricultural business known as 'Al Themar Al Mubaraka', and investment companies known as 'Ladin International' and 'Taba Investments'.
Usama Bin Laden and previous attacks
35. In 1992 and 1993 Mohamed Atef travelled to Somalia on several occasions for the purpose of organising violence against United States and United Nations troops then stationed in Somalia. On each occasion he reported back to Usama Bin Laden, at his base in the Riyadh district of Khartoum.
36. In the spring of 1993 Atef, Saif al Adel, another senior member of Al Qaida, and other members began to provide military training to Somali tribes for the purpose of fighting the United Nations forces.
37. On 3 and 4 October 1993 operatives of Al Qaida participatedin the attack on US military personnel serving in Somalia as part of the operation 'Restore Hope.' Eighteen US military personnel were killed in the attack.
38. From 1993 members of Al Qaida began to live in Nairobi and set up businesses there, including Asma Ltd, and Tanzanite King. They were regularly visited there by senior members of Al Qaida, in particular by Atef and Abu Ubadiah al Banshiri.
39. Beginning in the latter part of 1993, members of Al Qaida in Kenya began to discuss the possibility of attacking the US Embassy in Nairobi in retaliation for US participation in Operation Restore Hope in Somalia. Ali Mohamed, a US citizen and admitted member of Al Qaida, surveyed the US Embassy as a possible target for a terrorist attack. He took photographs and made sketches, which he presented to Usama Bin Laden while Bin Laden was in Sudan. He also admitted that he had trained terrorists for Al Qaida in Afghanistan in the early 1990s, and that those whom he trained included many involved in the East African bombings in August 1998.
40. In June or July 1998, two Al Qaida operatives, Fahid Mohammed Ali Msalam and Sheik Ahmed Salim Swedan, purchased a Toyota truck and made various alterations to the back of the truck.
41. In early August 1998, operatives of Al Qaida gathered in 43, New Runda Estates, Nairobi to execute the bombing of the US Embassy in Nairobi.
42. On 7 August 1998, Assam, a Saudi national and Al Qaida operative, drove the Toyota truck to the US embassy. There was a large bomb in the back of the truck.
43. Also in the truck was Mohamed Rashed Daoud Al 'Owali, another Saudi. He, by his own confession, was an Al Qaida operative, who from about 1996 had been trained in Al Qaida camps in Afghanistan in explosives, hijacking, kidnapping, assassination and intelligence techniques. With Usama Bin Laden's express permission, he fought alongside the Taleban in Afghanistan. He had met Usama Bin Laden personally in 1996 and asked for another 'mission.' Usama Bin Laden sent him to East Africa after extensive specialised training at camps in Afghanistan.
44. As the truck approached the Embassy, Al 'Owali got out and threw a stun grenade at a security guard. Assam drove the truck up to the rear of the embassy. He got out and then detonated the bomb, which demolished a multi-storey secretarial college and severely damaged the US embassy, and the Co-operative bank building. The bomb killed 213 people and injured 4500. Assam was killed in the explosion.
45. Al 'Owali expected the mission to end in his death. He had been willing to die for Al Qaida. But at the last minute he ran away from the bomb truck and survived. He had no money, passport or plan to escape after the mission, because he had expected to die.
46. After a few days, he called a telephone number in Yemen to have money transferred to him in Kenya. The number he rang in Yemen was contacted by Usama Bin Laden's phone on the same day as Al 'Owali was arranging to get the money.
47. Another person arrested in connection with the Nairobi bombing was Mohamed Sadeek Odeh. He admitted to his involvement. He identified the principal participants in the bombing. He named three other persons, all of whom were Al Qaida or Egyptian Islamic Jihad members.
48. In Dar es Salaam the same day, at about the same time, operatives of Al Qaida detonated a bomb at the US embassy, killing 11 people. The Al Qaida operatives involved included Mustafa Mohamed Fadhil and Khaflan Khamis Mohamed. The bomb was carried in a Nissan Atlas truck, which Ahmed Khfaklan Ghailani and Sheikh Ahmed Salim Swedan, two Al Qaida operatives, had purchased in July 1998, in Dar es Salaam.
49. Khaflan Khamis Mohamed was arrested for the bombing. He admitted membership of Al Qaida, and implicated other members of Al Qaida in the bombing.
50. On 7 and 8 August 1998, two other members of Al Qaida disseminated claims of responsibility for the two bombings by sending faxes to media organisations in Paris, Doha in Qatar, and Dubai in the United Arab Emirates.
51. Additional evidence of the involvement of Al Qaida in the East African bombings came from a search conducted in London of several residences and businesses belonging to Al Qaida and Egyptian Islamic Jihad members. In those searches a number of documents were found including claims of responsibility for the East African bombings in the name of a fictitious group, 'the Islamic Army for the liberation of the Holy Places.'
52. Al 'Owali, the would-be suicide bomber, admitted he was told to make a videotape of himself using the name of the same fictitious group.
53. The faxed claims of responsibility were traced to a telephone number, which had been in contact with Usama Bin Laden's cell phone. The claims disseminated to the press were clearly written by someone familiar with the conspiracy. They stated that the bombings had been carried out by two Saudis in Kenya, and one Egyptian in Dar es Salaam. They were probably sent before the bombings had even taken place. They referred to two Saudis dying in the Nairobi attack. In fact, because Al 'Owali fled at the last minute, only one Saudi died.
54. On 22 December 1998 Usama Bin Laden was asked by Time magazine whether he was responsible for the August 1998 attacks. He replied:
"The International Islamic Jihad Front for the jihad against the US and Israel has, by the grace of God, issued a crystal clear fatwa calling on the Islamic nation to carry on Jihad aimed at liberating the holy sites. The nation of Mohammed has responded to this appeal. If instigation for jihad against the Jews and the Americans . . . is considered to be a crime, then let history be a witness that I am a criminal. Our job is to instigate and, by the grace of God, we did that, and certain people responded to this instigation."
He was asked if he knew the attackers:
". . . those who risked their lives to earn the pleasure of God are real men. They managed to rid the Islamic nation of disgrace. We hold them in the highest esteem."
And what the US could expect of him:
". . . any thief or criminal who enters another country to steal should expect to be exposed to murder at any time . . . The US knows that I have attacked it, by the grace of God, for more than ten years now . . . God knows that we have been pleased by the killing of American soldiers [in Somalia in 1993]. This was achieved by the grace of God and the efforts of the mujahideen . . . Hostility towards America is a religious duty and we hope to be rewarded for it by God. I am confident that Muslims will be able to end the legend of the so-called superpower that is America."
55. In December 1999 a terrorist cell linked to Al Qaida was discovered trying to carry out attacks inside the United States. An Algerian, Ahmed Ressam, was stopped at the US-Canadian border and over 100 lbs of bomb making material was found in his car. Ressam admitted he was planning to set off a large bomb at Los Angeles International airport on New Year's Day. He said that he had received terrorist training at Al Qaida camps in Afghanistan and then been instructed to go abroad and kill US civilians and military personnel.
56. On 3 January 2000, a group of Al Qaida members, and other terrorists who had trained in Al Qaida camps in Afghanistan, attempted to attack a US destroyer with a small boat loaded with explosives. Their boat sank, aborting the attack.
57. On 12 October 2000, however, the USS Cole was struck by an explosive-laden boat while refuelling in Aden harbour. Seventeen crew were killed, and 40 injured.
58. Several of the perpetrators of the Cole attack (mostly Yemenis and Saudis) were trained at Usama Bin Laden's camps in Afghanistan. Al 'Owali has identified the two commanders of the attack on the USS Cole as having participated in the planning and preparation for the East African embassy bombings.
59. In the months before the September 11 attacks, propaganda videos were distributed throughout the Middle East and Muslim world by Al Qaida, in which Usama Bin Laden and others were shown encouraging Muslims to attack American and Jewish targets.
60. Similar videos, extolling violence against the United States and other targets, were distributed before the East African embassy attacks in August 1998.
Usama Bin Laden and the 11 September attacks
61. Nineteen men have been identified as the hijackers from the passenger lists of the four planes hijacked on 11 September 2001. At least three of them have already been positively identified as associates of Al Qaida. One has been identified as playing key roles in both the East African embassy attacks and the USS Cole attack. Investigations continue into the backgrounds of all the hijackers.
62. From intelligence sources, the following facts have been established subsequent to 11 September; for intelligence reasons, the names of associates, though known, are not given.
In the run-up to 11 September, Bin Laden was mounting a concerted propaganda campaign amongst like-minded groups of people - including videos and documentation - justifying attacks on Jewish and American targets; and claiming that those who died in the course of them were carrying out God's work.
We have learned, subsequent to 11 September, that Bin Laden himself asserted shortly before 11 September that he was preparing a major attack on America.
In August and early September close associates of Bin Laden were warned to return to Afghanistan from other parts of the world by 10 September.
Immediately prior to 11 September some known associates of Bin Laden were naming the date for action as on or around 11 September.
Since 11 September we have learned that one of Bin Laden's closest and most senior associates was responsible for the detailed planning of the attacks.
There is evidence of a very specific nature relating to the guilt of Bin Laden and his associates that is too sensitive to release.
63. Usama Bin Laden remains in charge, and the mastermind, of Al Qaida. In Al Qaida, an operation on the scale of the 11 September attacks would have been approved by Usama Bin Laden himself.
64. The modus operandi of 11 September was entirely consistent with previous attacks. Al Qaida's record of atrocities is characterised by meticulous long term planning, a desire to inflict mass casualties, suicide bombers, and multiple simultaneous attacks.
65. The attacks of 11 September 2001 are entirely consistent with the scale and sophistication of the planning which went into the attacks on the East African Embassies and the USS Cole. No warnings were given for these three attacks, just as there was none on 11 September.
66. Al Qaida operatives, in evidence given in the East African Embassy bomb trials, have described how the group spends years preparing for an attack. They conduct repeated surveillance, patiently gather materials, and identify and vet operatives, who have the skills to participate in the attack and the willingness to die for their cause.
67. The operatives involved in the 11 September atrocities attended flight schools, used flight simulators to study the controls of larger aircraft and placed potential airports and routes under surveillance.
68. Al Qaida's attacks are characterised by total disregard for innocent lives, including Muslims. In an interview after the East African bombings, Usama Bin Laden insisted that the need to attack the United States excused the killing of other innocent civilians, Muslim and non-Muslim alike.
69. No other organisation has both the motivation and the capability to carry out attacks like those of the 11 September - only the Al Qaida network under Usama Bin Laden.
70. The attacks of the 11 September 2001 were planned and carried out by Al Qaida, an organisation whose head is Usama Bin Laden. That organisation has the will, and the resources, to execute further attacks of similar scale. Both the United States and its close allies are targets for such attacks. The attack could not have occurred without the alliance between the Taleban and Usama Bin Laden, which allowed Bin Laden to operate freely in Afghanistan, promoting, planning and executing terrorist activity.
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