Al Harbi was captured in Afghanistan in November 2001 and he was repatriated to Saudi Arabia on February 20, 2007.
Two individuals named al-Harbi were repatriated on February 20, 2007, identified by the Saudi Interior Ministry upon their repatriation as Majed al-Harbi and Muhammad al-Harbi.
Combatant Status Review Tribunal
Initially the Bush administration asserted that they could withhold all the protections of the Geneva Conventions to captives from the war on terror. This policy was challenged before the Judicial branch. Critics argued that the USA could not evade its obligation to conduct a competent tribunals to determine whether captives are, or are not, entitled to the protections of prisoner of war status.