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U.S. to try Dutch citizen on Iraq terror charges

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WASHINGTON (CNN) -- The United States on Sunday was detaining an Iraqi-born Dutch citizen, extradited by the Netherlands' government, for allegedly conspiring to kill U.S. citizens in Iraq, the Dutch Justice Ministry said.

Iraqi native Wesam al-Delaema, 33, arrived on a Dutch plane Saturday and is the first suspect to face criminal charges in a U.S. court for alleged terrorist involvement in the violent Iraqi insurgency, Justice Ministry spokesman Ivo Hommes said.

The U.S. government charged him with possession of explosives and conspiracy to kill U.S. citizens in an attack. The Justice Ministry said intelligence revealed that al-Delaema traveled to Iraq and met up with "Mujahedeen from Falluja" in 2003 and conspired with the group to conduct terrorist activities.

He was arrested by Dutch officials in May 2005 on terrorism-related charges. The Justice Department said the Netherlands placed al-Delaema in extradition custody in response to a preliminary U.S. request.

Before releasing him into U.S. custody, Hommes said Dutch officials negotiated certain terms with U.S. officials.

Both sides agreed that al-Delaema would not be tried for charges outside the current six-count indictment, and that he would be tried in a federal court, not by a military commission, where he might have fewer civil rights.

In the past, Guantanamo Bay terror suspects have been subject to trial by military commission.

If convicted, al-Delaema would be returned to the Netherlands for incarceration in a Dutch prison. The Dutch do not have the death penalty, so the maximum sentence he could receive is life in prison.

If convicted in the United States, al-Delaema would not be re-tried for the same charges in a Dutch courtroom, under the agreement between the U.S. and the Netherlands.

The Dutch government did not make specific requests as to where al-Delaema would be held during his trial, Hommes added.

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