Are military bases and US Embassies considered US soil?

[Toots]

If they are then why are prisoners being held at the US Military base in Cuba. I was under the impression that they held them there so they would not have to follow American Laws under the Constitution but if they are considered US Soil then US Laws still must be followed. I don't understand I guess :shrug:

[atreides1]

1. US Embassies Yes, Military Bases Not always

SOFA(Status of Forces Agreement) with the host country is what determines jurisdiction over military personnel.

GITMO is a special situation:

U.S. Naval Base Guantanamo Bay has a unique posture in the Western Hemisphere in that it is the oldest U.S. base outside the continental United States, and the only one in a country that does not enjoy an open political relationship with the United States.

Located in the Oriente Province on the southeast corner of Cuba, the base is about 400 air miles from Miami, Fla.

In February 1903, the United States leased 45 square miles of land and water at Guantanamo Bay for use as a coaling (fueling) station. The treaty was finalized and the document was ratified by both governments and signed in Havana in December of that same year.

A 1934 treaty reaffirming the lease granted Cuba and her trading partners free access through the bay, modified the lease payment from $2,000 in gold coins per year, to the 1934 equivalent value of $4,085 U.S. Treasury dollars, and added a requirement that termination of the lease requires the consent of both the U.S. and Cuba governments, or the abandonment of the base property by the U.S.


The US has no official diplomatic relations with Cuba, so it's basically at GITMO on a treaty with a government that hasn't existed since Castro took control.

[Recursion]

2. No and yes, in that order

It depends on the status of forces agreement, but in general military bases are still under the sovereignty of their host country. In Guantanamo, the US government recognizes no sovereignty on the island so the base is legally without sovereign ownership. The UCMJ applies on overseas bases, and the US Criminal Code applies to US citizens and civilian guests on overseas bases.

[jwirr]

3. Children born to service families stationed overseas are considered

citizens, if that is any help.

[MonkeyFunk]

7. and the children born of any US Citizens overseas

are citizens. Being in the service has nothing to do with it.

[TechBear_Seattle]

4. Yes

The idea that embassy grounds are sovereign territory was put forth by Hugo Grotius, who in the early 1600s wrote essays that became the basis for international law. Under the concept of sovereign territory, actions taken against an ambassador or other diplomat or actions taken against the embassy itself either directly or indirectly, can be viewed as actions taken against the country that the ambassador, diplomat or embassy represent.

That military bases are sovereign territory derives from the treaties and contracts that allowed the military base to be set up outside of territory controlled by the contry in question. Guantanamo Bay, for example, was created in 1903 after the Spanish-American War. It is governed by agreements made with the American controlled Cuban government after the US overthrew the Spanish governor; those agreements give the United States full sovereign rights to the patch of land upon which the military base stands.

With regards to your question, the courts have generally made a distinction between normal law and military law. Many of the rights guaranteed by the Constitution are fully protected only under normal law; some are curtailed or even absent under military law. This is not a new distinction, but one that goes back to the very beginning of the country. Changes in this distinction are left to Congress and the courts have been very reluctant to interfere. On military bases, military and not normal law applies. There are areas where even military law places limits, which is why some people are shipped off to be rendered (like fat in a fire) completely outside of US control.

[Solly Mack]

5. Here's a link that might help answer your questions

relating to international law, the US obligation to international law (and its own laws), and GTMO..

http://www.fairgofordavid.org/htmlfiles/documents/lawsocapril04l.htm

[iamahaingttta]

6. What a smart bunch of people!

I come here each day and learn stuff I wasn't expecting to learn.