Military prosecutors charged KSM and four co-defendants Walid bin Attash, Ramzi Binalshibh, Ali Abd al-Aziz Ali and Mustafa Ahmed with conspiracy, murder in violation of the law of war, attacking civilians, intentionally causing serious bodily injury, destruction of property in violation of the law, hijacking aircraft, terrorism and other.

President Obama wanted his trail in US courts but later Attorney General Eric Holder announced the controversial decision to try KSM in a Lower Manhattan federal court.

According to Pentagon Naval vice admiral Bruss Mcdonald and the military commission will allocate the punishment. Then the tribunal might refer the case to the military commission.

The charges of murder and conspiracy could result in the death penalty.