Plus, there is such a thing as a "continuing activity." It is a near certainty that Abbas committed terrorist acts to kill Americans and destroy American interests in recent years -- therefore not touched by Olso, therefore after Congress passed its Anti-Terrorism Act. If it is a "continuing activity," things done before the deadline come into court along with the ones committed after the deadline.
Bottom line: as I said in a radio interview this afternoon, we are NOT going to turn Abbas over to the Italians, who have let him escape once already. We are NOT going to turn Abbas over to the International Court (which we chose not to participate in).
We are going to bring him to Guantanamo and try him before a military tribunal under the terms of the Order that President Bush signed more than a year ago. That provides for a panel of nine officers who are both judge and jury. Guilty findings require only six votes, minimum. The death penalty, however, requires all nine to agree. (I also think that we may invite some British and Australian officers to serve on that panel for this case only.)
Congressman Billybob