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U.S. mulls how to charge Afghan detainees

WASHINGTON (CNN) -- The Bush administration is exploring whether some detainees captured in Afghanistan can be charged, even if there is little or no direct evidence they committed war crimes, administration officials said.

No decisions have been made, but the Justice and Defense departments are reviewing potential prosecutions against the nearly 300 detainees at the U.S. naval base at Guantanamo Bay, Cuba.

Most of the detainees were captured in Afghanistan. All are believed to have been part of either Osama bin Laden's al Qaeda terror network or Afghanistan's deposed Taliban regime, officials said.

Because many of the detainees have refused to cooperate with U.S. interrogators, evidence of specific crimes has been hard to develop. Lawyers at the Justice Department and Pentagon therefore are exploring ways to develop charges that might be limited to the suspects' roles in the al Qaeda leadership rather than to specific crimes.

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Among the ideas being explored, one official said, is making it a crime for a senior al Qaeda member to belong to a unit that committed war crimes, such as torture or mistreatment of civilians.

Administration officials said the internal discussions were preliminary. No formal policy memos have been requested by the White House, which was leaving most of the details to the Justice Department and Pentagon, officials said.

The new classifications would apply to cases brought before military commissions, which President Bush ordered as an alternative to prosecuting the detainees in U.S. civilian courts.

"The president is determined to protect our country from those who would still seek to do us harm," said White House spokeswoman Claire Buchan. "He expects the detainees will be prosecuted in full accordance with the law, including in military tribunals and in civilian courts."

Another official said, "The Justice Department is looking at how to prosecute the detainees, and they will determine what they can charge them with. This is part of a natural review process."

The official also said the administration expects that some detainees will not be tried in U.S. civilian courts or military commissions.

"We don't expect lots and lots of military tribunals," the official said. "Many could be prosecuted in their home country."