The alleged mastermind of the 9/11 attacks, Khalid Sheikh Mohammed, will be tried in a military commission at the Guantanamo Bay terrorist detention center along with four suspected co-conspirators, the Pentagon said.
"The prosecutors have recommended that the charges against all five of the accused be referred as capital. Capital charges may only be pursued with the convening authority's approval," a Pentagon statement said.
"Under rules governing military commissions, the accused will have the right to counsel learned in applicable law relating to capital cases," it said.
The five have been charged with planning and execution of the attacks on New York, Washington DC and Shanksville, Pennsylvania that occurred on September 11, 2001, killing 3000 people.
"The charges are allegations that the accused committed offenses that are chargeable under the Military Commissions Act of 2009.
"There are eight charges common to all five of the accused: 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," it said.
The four other alleged co-conspirators are-- Muhammad Salih Mubarak Bin 'Attash', Ramzi Binalshibh, Ali Abdul Aziz Ali and Mustafa Ahmed Adam al Hawsawi.