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There is a difference between the US and the USA that is important here. This is the USA where the federal side runs rampant.

But go back and look at what the reason why they chose just Guantanamo.

According to the treaty with Cuba from the early 1900's Cuban laws apply, but Cuba has no jurisdiction. I.e. a US military court will have to make judgements following the Cuban civil code; or the US Military will have to voluntarily or under extradition terms exchange the parties to the trial to Cuba. At the same time it will have to apply US surpreme law.

Now, the US has not recognized the current Cuban governement, and this has been the state of affairs since 1959. So the issue of WHICH Cuban code crops up.

Case law is extremely thin. Some groups of governements like the EU and CIS have systems where the prosecutor for state A can bring a case against a citizen of state B as a criminal case for the courts in state B. The USA has always balked against such arrangements; even though they exist in some tax treaties.

But such arrangements HAVE happened, e.g. with the Lockerbie trial, where a Ducth court ruled on Scottish law, and had a Scottish prosecutor. Admirality law is also interpreted as a single body of law regardless of the nationality of the court.

But it is likely that resolving the jurisdictions and applicable law for Guantanamo will take a decade or more. That is BEFORE a court can decide on the actual issues. It will set some important presedences as well.

-- mrr