Washington ( CNN ) -- The Department of Defense announced Tuesday that capital charges have been refiled against Khalid Sheikh Mohammed and four other alleged co-conspirators in the September 11 , 2001 , conspiracy to allow prosecution before a military commission at the Guantanamo Bay , Cuba , naval base . The move comes after the Obama administration dropped plans to prosecute the suspects in federal court in New York . Besides Mohammed , the other suspects accused of participating in the 9/11 plot are Walid bin Attash , Ramzi bin al-Shibh , Ali Abdul Aziz Ali and Mustafa Ahmed al-Hawsawi . All five are at Guantanamo . A Pentagon statement said the charges `` allege that the five accused were responsible for the planning and execution '' of the 9/11 attacks , resulting in the deaths of nearly 3,000 people . Charges against all five accused include 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 statement said . The filing of capital charges means the defendants could face death sentences if convicted . The final decision about whether the death penalty can be pursued is in the hands of retired Vice Adm. Bruce McDonald . In military terminology he is the convening authority of the military commissions , the equivalent of a civilian criminal court . The last military execution was in 1961 , involving a U.S. Army private who had been convicted of rape and attempted murder of an Austrian girl . Mohammed was first charged in May 2008 before a military commission in Guantanamo , but the charges were suspended in early 2009 when the Obama administration took over and sought a fresh review of all detainees at the overseas prison . Later that year , Attorney General Eric Holder announced Mohammed and several other key terror suspects would face prosecution in the military justice system . The Obama administration had considered transferring some terror suspects to the United States for prosecution in either special military or civilian courts . But after widespread opposition across the political platform , the president announced earlier this year all prosecutions would be in military courts in Guantanamo . Obama also had pledged to close the Guantanamo Bay detention facility within a year of becoming president . However , it remains open due to legal complexities involving the status of some detainees and congressional opposition to holding trials for high-profile suspects in U.S. criminal courts . CNN 's Bill Mears contributed to this story .
NEW : The Pentagon announces the refiling of charges . The case is returning to a military tribunal from U.S. federal courts . The move is procedural to allow prosecution before a tribunal .