Home     Links     Contact Us     Bookmark  
 
   Homepage      News      Legal Forum      Dictionary  
Home : Legal Forum : Law & Ethics

Is Guantanamo bay American Soil?
Find answers to your legal question.





Is Guantanamo bay American Soil?



    




King of the Net
Who said!!!!!!!!


Peter C
You mean the city, the military base or the detainment camp?

http://en.wikipedia.org/wiki/Guantanamo_Bay

Anyways, they're all in Cuba, so no, they are not on American soil.


James
Rating
For all intents and purposes, yes. That is, if someone is born there they are automatically an American citizen, and if someone is on the base they may request asylum, but the land is technically leased from Cuba.


Jack
Yes.


parshooter
Rating
Yes after the bay of pigs we kept it and cuba let us.


Outlaw 1-3
Rating
The United States secured a lease on Guantanamo Bay Naval Base after the Spanish-American War in 1898. In 1934, the United States signed a lease for Guantanamo Bay from Cuba for $2000 in gold coins per year. The lease is effective in perpetuity until either both countries agree to end the lease or until the United States abandons it.

Just as any other military base or embassy around the world that flies the American flag, it is considered sovereign United States soil and is subject to American laws and courts.


SoCal Attorney
iThe land is physically on Cuba. We have a long term lease to have a base there. You can get that once the lease expires, Castro will give us the old heave ho.


Pretty_Trini_Rican
It is as long as we pay rent to Cuba. :)

It is written out in either the Platt or Teller Amendment. I forget which one.

Of course I should probably look it up before I hit submit but I won't. :) Just one of those days.


hhabilis
The military copound is CONSIDERED to be US soil for legal and diplomatic purposes. At some point, in some way the US entered into a contract for the bay.

This is the official statement from the installation's website:

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.



Base relations with Cuba remained stable through two world wars and the periods between and did not significantly change until the Cuban revolution of the late 1950's. That revolution led by Fidel Castro, began in the hills of Oriente province, not far from the base.



On June 27, 1958, 29 Sailors and Marines returning from liberty outside the base gates were kidnapped by Cuban rebel forces headed by Raul Castro, brother of Fidel, and detained in the hills as hostages until they were finally released 22 days later.

United States and Cuban relations steadily declined as Fidel Castro openly declared himself in favor of the Marxist line, and began mass jailing and executions of the Cuban people. Cuban territory outside the confines of the base limits was declared off limits to U. S. servicemen and civilians on Jan. 1, 1959.



Official diplomatic relations with Cuba were severed in January 1961 by President Dwight Eisenhower just prior to the inauguration of President John F. Kennedy. At this time, many Cubans sought refuge on the base and many still live and work here today.



In October 1962, family members of service people stationed here and many base employees were evacuated to the United States as President Kennedy announced the presence of Soviet missiles in Cuba. This was the start of the Cuban Missile Crisis which resulted in a naval quarantine of the island until the Soviet Union removed the missiles. The evacuees were allowed to return to the base by that Christmas.



Another crisis arose just 14 months later on Feb. 6, 1964, when Castro cut off water and supply avenues to the base in retaliation for several incidents in which Cuban fishermen were being fined by the U.S. government for fishing in Florida waters.



For the past 40 years, Guantanamo Bay has been totally self-sufficient with its own power and water sources.



In 1991, the naval base's mission was expanded as some 34,000 Haitian refugees passed through Guantanamo Bay. The refugees fled Haiti after a violent coup brought on by political and social upheaval in their country. The naval base received the Navy Unit Commendation and Joint Meritorious Unit Award for its effort.



In May 1994, Operation Sea Signal began and the naval base was tasked to support Joint Task Force 160, providing humanitarian assistance to thousands of Haitian and Cuban migrants. In late August and early September 1994, 2,200 family members and civilian employees were evacuated from the base as the migrant population climbed to more than 45,000 and the Pentagon began preparing to house up to 60,000 migrants on the base.



The last Haitian migrants departed here Nov. 1, 1995. The last of the Cuban migrants left the base Jan. 31, 1996. Family members were authorized to return in October 1995, marking an end to family separations. An immediate effort began to restore base facilities for family use, including reopening the child development center, youth center, two schools and Sunday school. Additionally, the revitalization of Boy and Girl Scout Camps and the Guantanamo Bay Youth Activities (a sports program for children) were initiated.



Since Sea Signal, Guantanamo Bay has retained its migrant operations assistance mission with a migrant population of less than 30. The base has also been involved in two contingency migrant operations: Operation Marathon in October 1996, and Present Haven in February 1997. Both of these short-fused events involved the interception of Chinese migrants being smuggled into the United States.



After 52 years of service, Guantanamo's largest tenant command, Fleet Training Group, relocated to Mayport, Florida, in July 1995. One month later, the naval base lost another major tenant command when the base's Shore Intermediate Maintenance Activity disestablished after 92 years of service here.



Tenant commands of the U.S. Naval Base include the U.S. Naval Hospital and Branch Dental Clinic, detachments of the Personnel Support Activity, Naval Atlantic Meteorology and Oceanography Command, Naval Media Center, Naval Communications Station, Department of Defense Dependent Schools, Navy Brig, and Fleet and Industrial Supply Center (FISC), Det GTMO.



Directly supporting the base are offices of the Naval Criminal Investigative Service, Resident Officer in Charge of Construction, Human Resources Office, Fleet and Family Support Center, Red Cross, and the Navy Exchange and Commissary.



The most recent addition to the base is the Southern Command Joint Task Force Guantanamo. Following the attacks on New York and Washington on September 11, 2001, Joint Task Force Guantanamo was tasked to stand up the War on Terrorism detainee mission.


zeeuzoon
Yes, that particular area where the US base is now.


golferwhoworks
yes


Bronwyn
Yes. It is our base...

Castro would've kicked us off a long time ago if he could have.


Best-Of-Enemies
Rating
No, it is in Cuba, but is occupied by America

This is the definition of imperialism


djack
Rating
Yes & no. It is an american military base in a foriegn country on a long term lease castro can't get out of to toss us.


Roadrunner58-79
YES!!!


Judas Rabbi
Yes it is. We got it after the Spanish-American war in 1898, We try to pay rent on it to the Cuban government, but the refuse payment.


hisonlyneedisaspanking
Rating
No, it is in Cuba.


?
no, it's in Cuba-we only have a lease on the land


*~dazzling.black~*
Rating
it's in Cuba...


wee man !
Not only is it American soil,but they sell Cuba water from their well,and charge the Cuban's to use
the bay!!!


blueowlboy
Rating
Yes.

During the Spanish-American War the U.S. fleet needed a good place to take shelterduring hurricane season. The Marines were able to land, but when they tried to move inland, the resistance from the Spanish was so strong that Cuban scouts had to save them.

The US Naval Base, abbreviated to GTMO (pronounced Gitmo) is about 45 square miles and was established in 1898, when the US gained control of Cuba. In 1903, the US entered into a "perpetual lease" from the first President of Cuba (Tomas Estrada Palma, who was an American citizen). Despite the fact that the Cuba is recognized as having the ultimate sovreignty over GTMO, the US has a "complete jurisdiction and control" of the Guantánamo Bay


amcnairfew
Yes, I beilieve it is because it is a military instillation so anything owned and operated by the military (US Government) is considered US property.





 Enter Your Message or Comment


User Name:  
User Email:   
Post a comment:




Legal Discussion Forum

 What should you do if your client was not read his Miranda rights, and was coered into giving a confession?
without your presence. Would your answer be different if you believe that he was innocent or didn't know for sure either way?...


 Is this taking the P**s or what? Fining a man for smoking in his OWN van?
http://uk.news.yahoo.com
This country really is 1984 in ...


 Human Rights for Criminals/Terrorists etc ....?
Why do these people still have Human Rights? Once you break the law, your rights should be removed, end of.
How come immigrant people that break the law are not deported back after a sentance? R...


 Is it discrimination for a store not to let you in because you are a teenager?
There is a store by the school and they don't let any "teenagers" in, is this discrimination (in Canada)? I understand that some teenagers may cause trouble, but it isent fair to asume ...


 Please read carefully, Emotional Question?
SENARIO:

You are a 25 year old male / female. Your sister, 7 years old, has been kidnapped. Your family have received a ransom demand for a sum you cannot pay. You have been told that ...


 Is it abuse if I won't let my daughter see her grandmother?
I just recently decided that my mother is doing more harm to my baby than good and I don't want her to go over to her house...my daughter still asks for her and cries when I tell her she can'...


 Can I post date a check at walmart on wednesday afternoon for friday because i dont get paid til 12am friday?
yeah i know its probably stupid but i need groceries and dont my paycheck isnt direct deposited until friday morning. cant i post date a check for friday on wednesday and use it to buy food at ...


 Is Islam in breach of the Human Rights Act?
...


 Why would an Atheist have to swear in court?
I mean can't they just give their word?...


 Got hit on by someone whos almost 3x my age!?
He was like 40 and im 14. So gross! Is stuff like that illegal?...


 Why do people refuse to recognize that the president needs to be above the law to fight terrorism?
...


 Has America really eliminated racism?
...


 Is that true that racial discrimination is still in America?
...


 If my girlfriend resorts to physical abuse, what should I do?
OK, this is a hypothetical question for me, but real for some people.

I am a calm type of person. I never resort to physical action in any situation. I wanna know what should i do if my ...


 What is so horrible about gay marriage?

Additional Details
I mean honestly people, if they get married, how will that make your life any worse?

When you go about your day, is it worse because, OH MY GOSH, there are ...


 Who thinks the OJ sentencing was to harsh for what he did?
am no fan of OJ and in fact think he should have went to jail in 1995 but in this case he didn't even physically hurt anybody nor did he have a gun in his own hand. Plus in the laws eye's i ...


 Is it illegal to be working for 84 hours a week ? ?
Not the same job.
Additional Details
I live in the UK and i'm talking about my brother. He's 20....


 Do any of you agree that releasing Ford's comments on the war before his burial was tacky?
...


 Is this double jeapordy?
I spit my gum on the sidewalk in front of a pig, I mean cop, and got a littering AND spitting on the sidewalk charge. Isn't this double jeapordy?
Additional Details
lmao@ another ...


 Anyone Pro-Life?
Is anyone Pro-Life? you believe that a baby is living hes Gods creation and you should not have a choice to murder something that is living inside you. I belive you did have a choice it was decide ...




Copyright (c) 2009-2011 Wiki Law 3k Monday, May 28, 2012 - Trusted legal information for you.
Archive: Forum  |  Forum  |  Forum  |  Links
0.024