Legal Question in Constitutional Law in Washington

international waters construction

are there any federal court cases or existing statutory law that provide an answer to the following question:

Can Congress pass a bill which funds the construction of a new dentention facility (to replace guantanamo) in international waters, just a few miles off the eastern seaboard? Would the construction of such a facility be lawful? Thank you!


Asked on 6/07/06, 3:47 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: international waters construction

Whether it would be legal to build such a structure depends upon what various treaties say about the use of international waters. Relatively few lawyers know much about this area of law, and I am not one of them. You may want to re-post your question under Admiralty Law, so that it would reach lawyers with such expertise.

Even if it would be legal to build such a facility, whether it could legally be used as a prison for those now at Guantanamo is another question entirely. Offhand I don't see why the facility you describe would be legal if the Gitmo prison is declared not to be.

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Answered on 6/07/06, 1:08 pm


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