In December 2008, al-Nashiri was charged by the United States before a Guantanamo Military Commission.[14] The charges were dropped in February 2009 and reinstated in 2011.[15][16] As of 2011, al-Nashiri is on trial before a military tribunal in Guantanamo on charges of war crimes that carry the death penalty. As it is extremely unlikely he would be freed if found not guilty, his lawyers have called the proceeding a show trial.[17]