US embassies in foreign countries are considered US soil, just as foreign embassies in the USA are considered foreign soil.
In addition, Cuba was acquired by the US as a result of the Spanish-American war. So, it was a US territory, just like the Louisiana Purchase land, and most of the USA besides the original 13 States.
When a territory becomes a State, Congress can withhold some of the land for military purposes, and that land is under federal jurisdiction only, not State jurisdiction.
I would guess than when Cuba was granted independence from the US, the same applied to the US military base there, though I don't know for sure.
If so, then it is under exclusive US federal jurisdiction, just like Washington DC and Puerto Rico.
Furthermore, because it is a military base (and the other federal territories are not, at least not in total), that the UCMJ applies -- subject to the Constitution, of course, which has been largely ignored by recent administrations.
The US leases the base from Cuba as per agreement which dates back to1903. Annual lease payments are made but the Cuban government doesn’t accept payment. GITMO is NOT US Soil, it's a rented area that falls under the jurisdiction of the US Navy. The land is technically Cuban territory, however the USA is granted complete political control over this area. So Cuban territory, but American laws. You in no way can compare GITMO to a US Embassy in a foreign country. GITMO is complicated.
1898 - Cuba was a territory of Spain. Spain lost to the US in the Spanish-American War. As a result, Spain gave jurisdiction of Cuba over to the US.
1902 - The US granted Cuba independence as its own country, subject to the US retaining the right to intervene in Cuban affairs and foreign relations. This was written into the Cuban Constitution.
1903 - Cuba and US entered into a lease agreement for the US to build and maintaine a military base in Cuba (at Guantanimo Bay).
It was set up as a US Navy base, primarily to maintain coal refueling of ships at sea, and as a detention center (I am guessing to detain pirates in the area, foreign vessel crews if needed, and Cuban subversives, if needed).
The US paid a lease payment of $2,000 per year to Cuba.
1934 - A new lease agreement was signed, extending the lease duration forever. The new lease specified the purpose for "coaling or naval purposes."
1959 - Castro led a communist revolution to overthrow the Cuban government. The new government confiscated US business' assets. The US retaliated with trade restrictions and an embargo.
I would say that the fact that Cuba refuses lease payments is irrelevant. There is a valid lease in place until the US military says otherwise.
It makes it basically the same as a US embassy, except that the host country does not want it there, and that MIGHT create a different legal issue.
Clearly, the US courts don't want to touch this legal hot potato, and the Cuban government has no power to do anything about it.
^ BTW ... we (the human species) are entering a danger zone here. I don't know if the above links are generated by AI or if some human(s) compiled the info. But the search engines are putting them at the top. I can see this being a problem as more and more AI compilations are compiled from "preferred sources" to spit out information that may or may not be accurate.
US embassies in foreign countries are considered US soil, just as foreign embassies in the USA are considered foreign soil.
In addition, Cuba was acquired by the US as a result of the Spanish-American war. So, it was a US territory, just like the Louisiana Purchase land, and most of the USA besides the original 13 States.
When a territory becomes a State, Congress can withhold some of the land for military purposes, and that land is under federal jurisdiction only, not State jurisdiction.
I would guess than when Cuba was granted independence from the US, the same applied to the US military base there, though I don't know for sure.
If so, then it is under exclusive US federal jurisdiction, just like Washington DC and Puerto Rico.
Furthermore, because it is a military base (and the other federal territories are not, at least not in total), that the UCMJ applies -- subject to the Constitution, of course, which has been largely ignored by recent administrations.
The US leases the base from Cuba as per agreement which dates back to1903. Annual lease payments are made but the Cuban government doesn’t accept payment. GITMO is NOT US Soil, it's a rented area that falls under the jurisdiction of the US Navy. The land is technically Cuban territory, however the USA is granted complete political control over this area. So Cuban territory, but American laws. You in no way can compare GITMO to a US Embassy in a foreign country. GITMO is complicated.
You made me look up some info on it.
1898 - Cuba was a territory of Spain. Spain lost to the US in the Spanish-American War. As a result, Spain gave jurisdiction of Cuba over to the US.
1902 - The US granted Cuba independence as its own country, subject to the US retaining the right to intervene in Cuban affairs and foreign relations. This was written into the Cuban Constitution.
1903 - Cuba and US entered into a lease agreement for the US to build and maintaine a military base in Cuba (at Guantanimo Bay).
It was set up as a US Navy base, primarily to maintain coal refueling of ships at sea, and as a detention center (I am guessing to detain pirates in the area, foreign vessel crews if needed, and Cuban subversives, if needed).
The US paid a lease payment of $2,000 per year to Cuba.
1934 - A new lease agreement was signed, extending the lease duration forever. The new lease specified the purpose for "coaling or naval purposes."
1959 - Castro led a communist revolution to overthrow the Cuban government. The new government confiscated US business' assets. The US retaliated with trade restrictions and an embargo.
I would say that the fact that Cuba refuses lease payments is irrelevant. There is a valid lease in place until the US military says otherwise.
It makes it basically the same as a US embassy, except that the host country does not want it there, and that MIGHT create a different legal issue.
Clearly, the US courts don't want to touch this legal hot potato, and the Cuban government has no power to do anything about it.
https://celebrat.net/calendar/how-did-cuba-gain-independence-from-spain/
https://whycharlie.com/why-does-the-us-own-guantanamo-bay/
^ BTW ... we (the human species) are entering a danger zone here. I don't know if the above links are generated by AI or if some human(s) compiled the info. But the search engines are putting them at the top. I can see this being a problem as more and more AI compilations are compiled from "preferred sources" to spit out information that may or may not be accurate.