NationStates Jolt Archive

http://www.msnbc.msn.com/id/25121770/

Sounds like SCOTUS favors the foriegn nations.

"The court agreed with a separate administration argument that nations including Iraq have criminal jurisdiction over those within their borders."

"Arrested in 2004 by U.S. soldiers at his home in Baghdad, Omar was to have been transferred to Iraqi courts for trial, but a U.S. district court blocked the move."

SCOTUS told teh district court they overstepped their jurisdiction.

On the other hand, it also said, in the same case, that when it comes to detainees at any prison, base, or embassy that is under US military or civilian control, whether in the US or in a forieng country, US laws of legal procedures do apply.

Thoughts???

"The court agreed with a separate administration argument that nations including Iraq have criminal jurisdiction over those within their borders."

I thought everyone knew this already...

Meh. You have some backwoods hicks who think the US is the world and the US laws apply every where, even outside the US. LOL

Could this be interpreted to mean that the Uniform Code of Military Justice, a federal law passed by the United States Congress, has no jurisdiction in a foreign country, as it has traditionally been held to? In other words, a US soldier in Iraq might be able to cite this ruling and claim not to be subject to the UCMJ outside of US territory?

While US laws still apply to military bases and the like, could they also be interpreted as not applying to soldiers off-base?

Also, if we're saying US laws have no jurisdiction abroad... there's nothing to stop me from booking a vacation to wonderful downtown Havana and picking up an epic fuckton of Cuban cigars. After all, US citizens aren't subject to US laws while they're in Cuba...

Hell. I wonder if we can also interpret the PROTECT Act of 2003 as not applying out of the US. *books flight to Thailand to rape little boys.*

In other words... how far can this ruling be taken?

Don't forget that Dubya is trying slip past that SOFA Agreement with Iraq. With immunity from Iraqi prosecution for all American military personnel and contractors (coughcoughBlackwatercoughcough) not to mention impugnity to conduct raids whenever and wherever in Iraq they feel like.

In this case, a SOFA Agreement basically boils down to "We'll bend you and your countrymen over a SOFA and fuck you in the ass as we please."

Good.

I want our bullshit imperialism to come to an abrupt finish and never return.