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''The Oath'' is a 2010
documentary film A documentary film or documentary is a non-fictional film, motion-picture intended to "document reality, primarily for the purposes of instruction, education or maintaining a Recorded history, historical record". Bill Nichols (film critic), Bil ...
directed by
Laura Poitras Laura Poitras (; born February 2, 1964) is an American director and producer of documentary films. Poitras has received numerous awards for her work, including the 2015 Academy Award for Best Documentary Feature for ''Citizenfour'', about Edwa ...
. It tells the cross-cut tale of two men,
Abu Jandal Nasser al-Bahri (1972 – 26 December 2015), also known by his '' kunya'' or ''nom de guerre'' as Abu Jandal – "father of death" or "the killer", was a member of al-Qaeda in Afghanistan from 1996 to 2000. According to his memoir, he gave his B ...
and
Salim Ahmed Hamdan Salim Ahmed Hamdan () (born February 25, 1968) is a Yemeni man, captured during the invasion of Afghanistan, declared by the United States government to be an illegal enemy combatant and held as a detainee at Guantanamo Bay from 2002 to November ...
, whose meeting launched them on juxtaposed paths with
al-Qaeda Al-Qaeda (; , ) is an Islamic extremism, Islamic extremist organization composed of Salafist jihadists. Its members are mostly composed of Arab, Arabs, but also include other peoples. Al-Qaeda has mounted attacks on civilian and military ta ...
,
Osama bin Laden Osama bin Mohammed bin Awad bin Laden (10 March 1957 – 2 May 2011) was a Saudi-born extremist militant who founded al-Qaeda and served as its leader from 1988 until Killing of Osama bin Laden, his death in 2011. Ideologically a Pan-Islamism ...
, the
September 11 attacks The September 11 attacks, commonly known as 9/11, were four coordinated suicide terrorist attacks carried out by al-Qaeda against the United States on Tuesday, September 11, 2001. That morning, nineteen terrorists hijacked four commercia ...
, US military tribunals and the
U.S. Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
. The film is the second of a trilogy, with the first being ''
My Country, My Country ''My Country, My Country'' is a 2006 documentary film about Iraq under U.S. occupation by the filmmaker Laura Poitras. Film Laura Poitras spent over eight months working on her own and for some time following a US Army Civil Affairs team during t ...
'' (2006), documenting the lives of Iraqi citizens during the U.S. occupation of
Iraq Iraq,; ku, عێراق, translit=Êraq officially the Republic of Iraq, '; ku, کۆماری عێراق, translit=Komarî Êraq is a country in Western Asia. It is bordered by Turkey to Iraq–Turkey border, the north, Iran to Iran–Iraq ...
. The third, ''
Citizenfour ''Citizenfour'' is a 2014 documentary film directed by Laura Poitras, concerning Edward Snowden and the NSA spying scandal. The film had its US premiere on October 10, 2014, at the New York Film Festival and its UK premiere on October 17, 2014, ...
'' (2014), focuses on the NSA's domestic surveillance programs. ''The Oath'' is distributed both theatrically and non-theatrically in the US by New York-based
Zeitgeist Films Zeitgeist Films is a New York-based distribution company founded in 1988 which acquires and distributes films from the U.S. and around the world. In 2017, Zeitgeist entered into a multi-year strategic alliance with film distributor Kino Lorber. ...
.


Overview

The film revolves around Abu Jandal, a taxi driver in
San'a Sanaa ( ar, صَنْعَاء, ' , Yemeni Arabic: ; Old South Arabian: 𐩮𐩬𐩲𐩥 ''Ṣnʿw''), also spelled Sana'a or Sana, is the capital and largest city in Yemen and the centre of Sanaa Governorate. The city is not part of the Governo ...
, Yemen who had worked as a bodyguard to Osama bin Laden for four years, and Salim Ahmed Hamdan. The latter worked for bin Laden as his driver in
Afghanistan Afghanistan, officially the Islamic Emirate of Afghanistan,; prs, امارت اسلامی افغانستان is a landlocked country located at the crossroads of Central Asia and South Asia. Referred to as the Heart of Asia, it is bordere ...
, and was captured in 2001 during the US invasion. He was detained as an
enemy combatant Enemy combatant is a person who, either lawfully or unlawfully, engages in hostilities for the other side in an armed conflict. Usually enemy combatants are members of the armed forces of the state with which another state is at war. In the case ...
and transported in 2002 to Guantanamo Bay. Hamdan was the first defendant to be tried in the U.S. military tribunals established by the United States Department of Defense. The men became brothers-in-law after marrying sisters. The lives of the two men are explored and challenge viewers' ideas about
jihad Jihad (; ar, جهاد, jihād ) is an Arabic word which literally means "striving" or "struggling", especially with a praiseworthy aim. In an Islamic context, it can refer to almost any effort to make personal and social life conform with Go ...
, loyalty and
al-Qaeda Al-Qaeda (; , ) is an Islamic extremism, Islamic extremist organization composed of Salafist jihadists. Its members are mostly composed of Arab, Arabs, but also include other peoples. Al-Qaeda has mounted attacks on civilian and military ta ...
. The filmmaker, Laura Poitras, inter-cuts Hamdan's trial (his military lawyer challenges the tribunals as unconstitutional and takes Hamdan's case to the
US Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of ...
) with Jandal's contradictory conversations with his son and Muslim pupils, and during media interviews.


Aftermath

The Supreme Court challenge was decided in Hamdan's favor and Congress passed a new law, the
Military Commissions Act of 2006 The Military Commissions Act of 2006, also known as HR-6166, was an Act of Congress signed by President George W. Bush on October 17, 2006. The Act's stated purpose was "to authorize trial by military commission for violations of the law of ...
to respond to the court's objections. Under that, Hamdan was convicted on one charge but acquitted on another. His sentence gave him credit for time detained and in November 2008, he was transferred to Yemen with one month to serve. He was released but continued to appeal his conviction. It was upheld in 2011 by the
Court of Military Commission Review The Military Commissions Act of 2006 mandated that rulings from the Guantanamo military commissions could be appealed to a Court of Military Commission Review, which would sit in Washington D.C. In the event, the Review Court was not ...
and appealed to the
United States Court of Appeals for the District of Columbia Circuit The United States Court of Appeals for the District of Columbia Circuit (in case citations, D.C. Cir.) is one of the thirteen United States Courts of Appeals. It has the smallest geographical jurisdiction of any of the U.S. federal appellate cou ...
. On October 17, 2012, the Court vacated Hamdan's conviction. It ruled that the acts he was charged with under the MCA were not war crimes by international law at the time he committed them. This meant that his prosecution was '' ex post facto'' and unconstitutional.


Awards

The film premiered at the
2010 Sundance Film Festival The 26th annual Sundance Film Festival was held from January 21, 2010 until January 31, 2010 in Park City, Utah. Award winners *Grand Jury Prize: Documentary - '' Restrepo'' *Grand Jury Prize: Dramatic - ''Winter's Bone'' *World Cinema Jury Prize: ...
, where it won the "Excellence in Cinematography Award for U.S. Documentary". It was also featured at the
Berlin Film Festival The Berlin International Film Festival (german: Internationale Filmfestspiele Berlin), usually called the Berlinale (), is a major international film festival held annually in Berlin, Germany. Founded in 1951 and originally run in June, the festi ...
in February 2010 and the
South by Southwest film festival South by Southwest, abbreviated as SXSW and colloquially referred to as South By, is an annual conglomeration of parallel film, interactive media, and music festivals and conferences organized jointly that take place in mid-March in Austin, T ...
in March 2010. The director
Laura Poitras Laura Poitras (; born February 2, 1964) is an American director and producer of documentary films. Poitras has received numerous awards for her work, including the 2015 Academy Award for Best Documentary Feature for ''Citizenfour'', about Edwa ...
won the "True Vision Award" at the
True/False Film Festival True/False Film Fest is an annual documentary film festival that takes place in Columbia, Missouri. The Fest occurs on the first weekend in March (sometimes beginning in late February), with films being shown from Thursday evening to Sunday nig ...
for the creation of the documentary. The film had its television premiere on
PBS The Public Broadcasting Service (PBS) is an American public broadcasting, public broadcaster and Non-commercial activity, non-commercial, Terrestrial television, free-to-air television network based in Arlington, Virginia. PBS is a publicly fu ...
's show ''
P.O.V. ''POV'' (also written ''P.O.V.'') is a Public Broadcasting Service (PBS) public television series which features independent nonfiction films. ''POV'' is an initialism for ''point of view''. ''POV'' is the longest-running showcase on television ...
'' in 2010.


Film festivals

The film was presented at the
San Francisco International Film Festival The San Francisco International Film Festival (abbreviated as SFIFF), organized by the San Francisco Film Society, is held each spring for two weeks, presenting around 200 films from over 50 countries. The festival highlights current trends in in ...
in late April 2010 and the
Rio de Janeiro International Film Festival The Festival do Rio is an international film festival in Rio de Janeiro Rio de Janeiro ( , , ; literally 'River of January'), or simply Rio, is the capital of the state of the same name, Brazil's third-most populous state, and the second-mo ...
in early October 2010.


References


External links

Official website below is hosting some other content. Check for www.theoathmovie.com in internet archives e.g. https://web.archive.org/web/20120304002127/http://www.theoathmovie.com/ *
Trailer
at pbs.org (with complete film available for streaming September 1, 2011 through September 27, 2011)
Trailer
on YouTube * {{DEFAULTSORT:Oath 2010 films American documentary films Sundance Film Festival award winners 2010 documentary films War on terror Films directed by Laura Poitras 2010s American films