Law in Guantanamo - whose?
Law in Guantanamo - whose?
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Discussion

Cpn Jack Spanner

Original Poster:

2,632 posts

234 months

Wednesday 4th February 2009
quotequote all
Just curious what "laws" are relevent on American Airbases - Guantanamo, Italy, UK etc. Since it's firmly established that neither American nor local (Cuban) laws have no jurisdiction in Guantanamo, the same surely must be true of US Airbases elsewhere.


Martial Arts Man

6,703 posts

215 months

Thursday 5th February 2009
quotequote all
Cpn Jack Spanner said:
Just curious what "laws" are relevent on American Airbases - Guantanamo, Italy, UK etc. Since it's firmly established that neither American nor local (Cuban) laws have no jurisdiction in Guantanamo, the same surely must be true of US Airbases elsewhere.
I don't know this for sure, but I would hazard a guess that US airbases are subject to the same US military laws as those on home soil.

I can't see the Yanks letting anyone tell them what laws are allowed on their bases, as long as they have no adverse affect on the local non-American population, of course.

Is Guantanamo even an airbase?

Hopefully a knowledgable American will be along to straighten this out for us soon.


MAM

tinman0

18,231 posts

269 months

Thursday 5th February 2009
quotequote all
It could depend on the piece of land. An airbase in Germany is probably subject to German law as the airbase is simply leased. Whereas Gitmo is a piece of land owned by the US Govt on the island of Cuba.

elster

17,517 posts

239 months

Thursday 5th February 2009
quotequote all
tinman0 said:
It could depend on the piece of land. An airbase in Germany is probably subject to German law as the airbase is simply leased. Whereas Gitmo is a piece of land owned by the US Govt on the island of Cuba.
I thought foreign Military bases had the same rules as embassy's.

tinman0

18,231 posts

269 months

Thursday 5th February 2009
quotequote all
elster said:
tinman0 said:
It could depend on the piece of land. An airbase in Germany is probably subject to German law as the airbase is simply leased. Whereas Gitmo is a piece of land owned by the US Govt on the island of Cuba.
I thought foreign Military bases had the same rules as embassy's.
Yup, you're right.

wiki said:
Extraterritoriality is the state of being exempt from the jurisdiction of local law, usually as the result of diplomatic negotiations. Extraterritoriality can also be applied to physical places, such as embassies, consulates, or military bases of foreign countries, or offices of the United Nations. These places remain the sovereign territories of the guest country, and although they are not subject to local law, local law enforcement agencies do have the duties of protecting them from outside disturbances and can in some cases arrest a person there for crimes committed on the host state's soil.

350GT

73,668 posts

284 months

Thursday 5th February 2009
quotequote all
How come Gitmo is even there? How did the US get it, and manage to keep it, after the sanctions, etc? If it is Cuban land, and they oppose them being there, how the hell are they still there?

elster

17,517 posts

239 months

Thursday 5th February 2009
quotequote all
350GT said:
How come Gitmo is even there? How did the US get it, and manage to keep it, after the sanctions, etc? If it is Cuban land, and they oppose them being there, how the hell are they still there?
It is rented.

I kid you not.

350GT

73,668 posts

284 months

Thursday 5th February 2009
quotequote all
I know... But according to wiki (that fabled centre of all things knowable), Cuba disagrees with the lease, etc, and says it is against international law...

MrV

2,748 posts

257 months

Thursday 5th February 2009
quotequote all
350GT said:
How come Gitmo is even there? How did the US get it, and manage to keep it, after the sanctions, etc? If it is Cuban land, and they oppose them being there, how the hell are they still there?
Believe it or not they lease it from Cuba

Part of the terms of the lease is both parties have to agree to terminate it ,hence why they are still there.

fluffnik

20,156 posts

256 months

Thursday 5th February 2009
quotequote all
Guantanamo Bay is force majeure in the absence of law; the USA has no place there, even if it wasn't torturing people.

AJS-

15,366 posts

265 months

Thursday 5th February 2009
quotequote all
That's insane.
Proof positive that politicians, whatever ideological claptrap they come out with, are a bunch of cynical wkers beyond comparisson with any of us mere mortals. I'd love to have heard that deal being struck:

GWB: "Hi Fidel, just wondered if you'd want to make a bit of money by leasing us some of your land to set up a torture camp, only being a democracy it's a bit difficult here with all those journalists and civil rights types... bloody commies"

FC: "Yeah, always happy to make a bit of money. No problem with do gooders here, I've killed them all already. I suppose I ought to kick up a fuss about you bullying the poor and down trodden of the world, but what the fk, my people think I need a new speedboat, so my people shall have it!"

Hammerwerfer

3,234 posts

269 months

Thursday 5th February 2009
quotequote all
Fidel apparently does not cash the cheque.

elster

17,517 posts

239 months

Thursday 5th February 2009
quotequote all
Hammerwerfer said:
Fidel apparently does not cash the cheque.
Yeah I'm sure he tells everyone that.

fluffnik

20,156 posts

256 months

Thursday 5th February 2009
quotequote all
AJS- said:
That's insane.
Proof positive that politicians, whatever ideological claptrap they come out with, are a bunch of cynical wkers beyond comparisson with any of us mere mortals. I'd love to have heard that deal being struck:
The US occupation of Gitmo pre-dates Castro...

Jimbeaux

33,791 posts

260 months

Thursday 5th February 2009
quotequote all
fluffnik said:
Guantanamo Bay is force majeure in the absence of law; the USA has no place there, even if it wasn't torturing people.
How....Fluffy of you. hehe

Jimbeaux

33,791 posts

260 months

Thursday 5th February 2009
quotequote all
AJS- said:
That's insane.
Proof positive that politicians, whatever ideological claptrap they come out with, are a bunch of cynical wkers beyond comparisson with any of us mere mortals. I'd love to have heard that deal being struck:

GWB: "Hi Fidel, just wondered if you'd want to make a bit of money by leasing us some of your land to set up a torture camp, only being a democracy it's a bit difficult here with all those journalists and civil rights types... bloody commies"

FC: "Yeah, always happy to make a bit of money. No problem with do gooders here, I've killed them all already. I suppose I ought to kick up a fuss about you bullying the poor and down trodden of the world, but what the fk, my people think I need a new speedboat, so my people shall have it!"
That lease was set up many, many....and many years ago. wink

Jimbeaux

33,791 posts

260 months

Thursday 5th February 2009
quotequote all
fluffnik said:
AJS- said:
That's insane.
Proof positive that politicians, whatever ideological claptrap they come out with, are a bunch of cynical wkers beyond comparisson with any of us mere mortals. I'd love to have heard that deal being struck:
The US occupation of Gitmo pre-dates Castro...
Occupation? A paid lease is called "occupation"? Are you a party line boy?

Captain Cadillac

2,974 posts

216 months

Thursday 5th February 2009
quotequote all
We have a Naval Base at Guantanamo bay, and that's where our little terrorist jail is located.

Quick History: Spanish American War, we take Cuba from Spain along with the Philippines, Puerto Rico and Guam. A few years later, we grant Cuba independence but part of the agreement was that we have an indefinite lease on Guantanamo Bay, in order for the lease to be terminated, both parties have to agree to it.

Of course Castro hates the fact that we have a base there, but it's not like we're about to give it up, it's too much fun to piss Castro off.

Jasandjules

72,560 posts

258 months

Thursday 5th February 2009
quotequote all
Cpn Jack Spanner said:
Just curious what "laws" are relevent on American Airbases - Guantanamo, Italy, UK etc. Since it's firmly established that neither American nor local (Cuban) laws have no jurisdiction in Guantanamo, the same surely must be true of US Airbases elsewhere.
I believe that a Military base is subject to the laws of the Nation who occupies the Base.

For example, I am British because I was born in a foreign land but in a British Military Hospital.

Cpn Jack Spanner

Original Poster:

2,632 posts

234 months

Thursday 5th February 2009
quotequote all
elster said:
350GT said:
How come Gitmo is even there? How did the US get it, and manage to keep it, after the sanctions, etc? If it is Cuban land, and they oppose them being there, how the hell are they still there?
It is rented.

I kid you not.
I think the term the Cubans use is "Occupied territory"