Subject: The Supremes declare Guantanamo to be U.S. territory 'till abandoned
Date: Jun 29, 2004 @ 22:23
Author: L. A. Nadybal ("L. A. Nadybal" <lnadybal@...>)
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The Supreme Court website now has the decision posted in the case of
the Guantanamo captives who have been held incommunicado there as the
administration tried to keep it a lawless place where certain human
rights provisions didn't exist for non-US citizens.

The two treaties the U.S. concluded with pre-Castro Cuba state the
U.S. has unlimited rights as sovereign within the base area until the
U.S. abandons it, and as such, the court says, Guantanamo territory
it's tantamount to being territory of the U. S., to which federal
court jurisdiction and due process rights extend; the U. S. executive
(the "pres") cannot deny the captives legal representation or an
opportunity to refute the reasons for their being held. Cuba has
"ultimate" sovereignty, according to the Court. It's like Panama,
where the U. S. used to have the right to act "as though it were
sovereign"; Panama had "titular" sovereignty.

Anyway, we see that sovereignty is officially divisible, into at least
two types or "subtypes".

I guess all that's left to the military now is to not let the lawyers
on base. :-)

LN