In response to this analysis of the likelihood that Manning might be a UK citizen
It seems dual citizen isn’t the loophole that’s going to free Bradley Manning. Even if Manning were a UK citizen and a civilian being held without trial in Guantanamo Bay, the situation would be bleak:
Australian Guantánamo Bay inmate David Matthew Hicks applied for British citizenship in 2005 after the previous 2002 legislation allowed citizenship by virtue of maternal heritage. It was considered that the British government may petition for his release as had been done for other British nationals. After a lengthy court battle with the Home Office, Hicks was granted British citizenship on 5 July 2006, but then stripped of it several hours later under section 56 of the Act allowing the Home Secretary to “deprive a person of a citizenship status if the Secretary of State is satisfied that deprivation is conducive to the public good.” Source
This amendment gives the Secretary of State carte blanche:
Under amendments made by the Immigration, Asylum and Nationality Act 2006, British nationals can be deprived of their citizenship if the Secretary of State is satisfied “deprivation is conducive to the public good”. Source
It gets worse.
Under international law, the Master Nationality Rule requires that “when a dual citizen is in the country of one of his two nationalities, that country has the right to treat that person as if he or she were solely a citizen or national of that country. This includes the right to impose military service obligations, or to require an exit permit to leave.”
I wouldn’t hold my breath in hopes that UK will set out to assist Private Manning in virtue of his dual citizenship. The bleakness of the situation is important to acknowledge because in wasting our energies on low-probability outcomes, we thereby overlook more promising possibilities.
Knowledge Empire 
This is interesting and I will investigate.
By the way: what, in your opinion, would constitute ‘more promising possibilities’?
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Incidentally, I would appreciate it if you could modify your post – Bradley Manning is *definitely* a UK citizen. No doubt about it.
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I also doubt that “deprivation is conducive to the public good” is an appropriate argument wrt Manning.
(Apologies for multiple posts, btw – that’s just the way I roll).
Thanks,
Naomi
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I have just tweeted your article to my followers, so we’ll see what others think. Thanks for raising this point of discussion. I think you are wrong here, to be frank, but I also think it is important that we debate widely.
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Sorry if I am being stupid but surely if he has not been officially stripped of his UK citizenship then he should currently be *at the very least* receiving consular support?
As far as I know he has not had his citizenship stripped (how could he if there has been a failure thus far to acknowledge this fact) so until that happens – if it does at all – he should be subject to the same rights and legal entitlements as any Brit imprisoned overseas.
Also agree with Naomi – how could you argue stripping his UK citizenship is for the public good?!
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Yes, you’re right – he *should* be receiving consular support. My attempts to secure an answer on whether he is, through the usual channels, have not come to much but I know others are on the case too. I really really hope he is.
For various reasons I think, with a concerted public campaign, we actually have quite a bit of leverage over UKGvt on this issue. (Actually with the US too – they are running scared after the departure of Averard). My approach to these things is somewhat intuitive, but I do not see stripping BM’s UK citizenship as a likely scenario.
Also agree with final point. But it’s good to raise all possibilities for debate. I would rather have been asked to think about this aspect of things than not.
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I can also confirm that there has been no attempt to strip him of UK citizenship thus far.
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Absolutely. I see that he is certainly a UK citizen.
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I fear that this clause about “public good” is all-encompassing and open to any interpretation. To be clear, this is my primary fear. Naomi makes a good point in her comments that the rule can be overridden in very special circumstances. Yet this leaves us with the issue of interpretation again.
I actually don’t fear that he will be stripped of his UK citizenship. There does not appear to be any legal grounds for this. Even individuals imprisoned abroad for serious crimes tend to keep their UK citizenship.
Here is the pdf dealing with the rights of UK citizens in prison abroad: http://knowledgeempire.org/UK-US-Law-Manning-Assange/in-prison-abroad.pdf
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Hello there, I think we are essentially in agreement here, aren’t we? This is a political decision – and this is precisely why I am so keen to increase awareness and encourage people to exercise their civic rights. The UK Government is certainly susceptible to public pressure on this one.
BTW, thanks for the FCO documentation: I think we’re both clear that Bradley Manning should be receiving this kind of support at least from the UK Government. The link you placed over on my blog was wrong, by the way, but I’m happy to add this text over there if it saves you hassle…?
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Yeah sorry about the URL – feel free to correct it by editing my comment. I am currently reviewing the 2009 doc I just posted. Yes, I think we agree on what it would mean to carry out justice, but I think you may be more optimistic than I!
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Hello, link now posted over at ukfriendsofbradleymanning.wordpress.com
Thanks again for your contribution – let’s stay in touch.
Naomi
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Will do. A further link will follow. I am linking to you in my WLC post.
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