What should be done about Guantanamo Bay?

[Evil Chris]

Originally Posted by Rochard

US law doesn't apply here.

When your operating in the US Military in another country, US law doesn't apply. It never did and never will; It's replaced by the Uniform Code of Military Justice.

US law does not apply to these fuckers being held in Guantánamo Bay. These people were picked up in a country and detained by US forces for whatever reason - perfectly legal - and transported to a military base outside of the US for questioning and detention.

Bringing them to the US is the worse thing we can do - because then US law does apply, and that opens up a brand new can of worms.

You sure about your facts there about the application of law, and what's "perfectly legal"?

[Rochard]

Originally Posted by Evil Chris

You sure about your facts there about the application of law, and what's "perfectly legal"?

Yeah, I'm pretty sure.

The US military travels all around the world, and US law doesn't not apply to them when they are at a port of call or stationed, say, in London. To get around this, the US military has what's called the Uniform Code of Military Justice ( or the UCMJ for short ). The UCMJ applies to all military personnel at all times, no matter where they are - In another country, on a US military base, or at a local pub in town.

Any crime that takes place on a US military base no matter where it is, is handled by the military and not civilian law enforcement. If a US Marine kills a US Marine on a US base, the NIS deals with it - not local law enforcement. If a US Marine kills a US Marine in a private residence off base or a public place off base, it's dealt with by local law enforcement - and then after wards the US Military may press further charges with the UCMJ.

So thus, anything that happens on a US military base is ruled by UCMJ, not any local, state, or federal laws. Furthermore, the UCMJ does not apply to civilians or prisoners. You cannot enforce the UCMJ on "anyone at any time", but only members of the US military who have agreed to come under it's ruling.

These prisoners in Cuba are in a no man's land. US Federal law doesn't apply; They aren't within the United States. The UCMJ might have some rules / laws about handling prisoners, but not anything about charging them.

On top of this, it seems we are willing to let some of them go, but no one is willing to allow them back in their country.