If Guantanamo isn't U.S. soil, what is it? If it's Cuban, would the U.S. answer a detainee's suit in a Cuban court?
I think the Court made the right decision.
By your easoning, our military bases in Germany, Japan, or anywhere else in the world is U.S. soil and not that of the host nation. I must and will disagree with you.
If Guantanamo isn't U.S. soil, what is it?
Legally, it is Cuban soil that is perpetually leased to the U.S. by a 1934 treaty. By the terms of that treaty, the lease provisions can be changed only if BOTH governments agreed to break the lease or if the U.S. abandoned the base property.
Every year, the U.S. sends Cuba a check for payment of the lease and, each year, Castro refused to cash it.
If it's Cuban, would the U.S. answer a detainee's suit in a Cuban court?
No. A Cuban court has no jusrisdiction in U.S. military matters conducted on land leased to the U.S. for military matters. A Cuban court can claim jurisdiction and the U.S. can tell the Cuban court to go pound sand.
This changes the nature of warfare. Prisoners of war - much less terrorist detainees (they are different) have never received this treatment.
Perhaps you will applaud this decision when a released terrorist kills you or one of your loved ones.
The hundreds of thousands of German real POW’s captured during WWII were held on U.S. soil for the duration fo the war. They did not get any constitutional rights.
Why not?
The point is that POW’s, these are not by th way, are held for the duration of the war. They are not charged with crimes and prosecuted in the court system.