By Arun Kumar

Washington, June 1 (IANS) For the second time, US prosecutors have filed charges with a military commission against Khalid Sheikh Mohammed, the Pakistani mastermind of Sep 11, 2001, terror attacks and four other suspects held in Guantanamo Bay.

The step was the first paving the way for an arraignment, Fox News reported Tuesday noting the body that oversees the commissions will make a decision on whether to accept the charges.

If accepted, the arraignment must take place within 30 days. That will essentially begin the trial process, though pre-trial motions could take as long as a year.

Besides Mohammed, others charged were Walid Bin Attash, Ramzi Binalshibh, Ali Abdul Aziz Ali, and Mustafa al Hawsawi.

Fox News said all five defendants face eight charges in common: conspiracy, murder in violation of the law of war, attacking civilians, attacking civilian objects, intentionally causing serious bodily injury, destruction of property in violation of the law of war, hijacking aircraft and terrorism.

The conspiracy charges includes 167 overt acts that allegedly furthered the 9/11 attacks.

Fox News cited the defence department as saying the charges be referred as "capital charges" meaning the men will be eligible for the death penalty.

The filings also go beyond satisfying detention rules under the 2001 Authorisation for Use of Military Force, "as informed by the laws of war -- an issue that each Guantanamo detainee may challenge in a habeas petition in federal court", it said.

The men were first charged in February 2008, but the charges were withdrawn the following year when the Obama administration said the suspects would be tried in New York City. That decision was reversed in April.