Personal Representative's concluding statement on Abdul Latif El Banna CSR Tribunal's determination

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Personal Representative's concluding statement on Abdul Latif El Banna CSR Tribunal's determination
202251Personal Representative's concluding statement on Abdul Latif El Banna CSR Tribunal's determination

After carefully reviewing the Tribunal Decision report, there is one question that remains unanswered: What did Detainee do in Gambia that required the United States (rather than the United Kingdom or even Gambia) to take him in to custody?

Part of the definition of an enemy combatant states, "against the United States or its coalition partners..." Since the United Kingdom is a very strong coalition partner, not a disinterested party, it is doubtful that they are unable to prosecute actions that take place on their sovereign soil.

Abu Qatada is a dangerous person. Qatada was convicted in the United Kingdom’s courts and is currently serving a prison sentence. The British government was well aware of the actions of Detainee on their sovereign soil as they relate to Qatada. For this reason, this Detainee should have been subject to British (or even Gambian) authority for his actions Gambia, rather than the authority of the USA. The record is insufficient to show Detainee should be classified as an enemy combatant for his actions in Gambia.