Bay Naval Base Research Articles

The Anti‐Imperialist Geopolitical Suburb? Caimanera as Guantánamo’s Revolutionary Frontier

AbstractThe spatialities of anti‐imperialist praxis are increasingly fraught with innumerable challenges that require complex epistemological considerations. As borderless US‐based militarisation regimes proliferate globally at an unprecedented pace, embedding their political‐territorial control more securely through state and logics of neo‐imperial extractive capitalism, they have prevailed through the strategic discourse of “progress, security and freedom”. This paper explores the geopolitical workings of Caimanera, the town closest to the Guantánamo Bay Naval Base (GTMO), as a counter‐hegemonic project to US imperialism. Referred to as the First Anti‐Imperialist Trench in Cuba—a territory lying within the shadow of one of the world’s most notorious prisons and oldest military bases—Caimanera’s history is fraught with tension since the base was first established by the US in 1903. Since the triumph of the 1959 revolution, the base continues to be held against the will of the Cuban people and is strongly denounced as an illegal occupation. Based on archival material, landscape analysis, and visits to Caimanera in 2015, 2017 and 2019, this paper explores how the anti‐imperialist geopolitical suburb has historically evolved through the territoriality of its governance and actions. This anti‐imperiaist geopolitical suburb is explored as a conceptual form and mode of praxis drawing insights from Fidel Castro’s theorisation of the “Battle of Ideas”, whereby the production of oppositional space in response to imperial threats and aggression is tackled through complexities of the city‐building process and the cultural ideological resistance of its closely interwoven educational landscape. The anti‐imperialist geopolitical suburb as a space of subaltern geopolitics creatively attends to the complex task of sovereignty and boldly promulgates a movement towards peace and solidarity in the larger transnational region.

NUEVA INTRODUCCIÓN DE AEDES VITTATUS (DIPTERA: CULICIDAE) EN LA REGIÓN ORIENTAL DE CUBA: CARACTERIZACIÓN ECOLÓGICA Y RELEVANCIA MÉDICA

Aedes vittatus (Diptera: Culicidae) posee una amplia distribución mundial en el Viejo Mundo, que se ha ampliado recientemente al continente americano. Este mosquito presenta una marcada preferencia por hábitats cercanos a las poblaciones humanas y se relaciona con la transmisión de arbovirus de importancia médica. A principios de diciembre de 2020, después de una inspección rutinaria en una localidad rural de Camagüey, Cuba, se capturaron estados inmaduros de culícidos en diferentes tipos de reservorios. Tras la maduración de las larvas y la eclosión de las pupas capturadas, se identificaron un total de 34 larvas y nueve adultos pertenecientes a dicha especie, entre otras de importancia médica. Esta es la primera detección de Ae. vittatus en Cuba fuera de la Base Naval de la Bahía de Guantánamo, y la tercera en las Américas. Es necesario continuar profundizando en la bioecología y distribución de esta potencial especie invasora, así como determinar el impacto futuro que tendrá la presencia de este mosquito en Cuba.

Liberty call at sunset: U.S. military retiree bars and the outsourced reproduction of ageing masculinities in Subic Bay, Philippines

This article examines the gendered service economy of bars and restaurants catering to ageing US military retirees in Olongapo City, Philippines. During the Cold War, Olongapo housed Subic Bay Naval Base, one of the largest overseas US military installations, and today thousands of former American service members have retired here. A focus on retiree bars reveals how Filipina bartenders and waitresses facilitate an ageing masculinity for these expatriates wherein men’s internalized senses of social, economic, and sexual marginality in the US are seemingly suspended or deferred in the Philippines. Geopolitical histories of US militarism in Asia-Pacific, unequal military basing agreements, and Subic’s so-called hospitality industry endure decades later to naturalize the hierarchies of accommodation between local hostesses and foreign customers. Drawing on – and further developing – geographic scholarship on ageing and masculinities and focusing on the so-called hospitality industry’s shift over time reveals the expectations placed on service workers to accommodate men’s changing needs and desires. Years after Subic’s closure, interviews with bartenders and customers illuminate how decades of entanglement with US militarism have outsourced some of the reproductive labor that sustains this population of ageing retirees in Subic. More than mere bodies sustaining and serving the outsourced needs of ageing service members, however, through bar work Filipina hostesses experience changes to their own geographies of belonging and leverage opportunities to realize their own dreams and desires. The relations in Subic’s retiree bars attest to US militarism’s intimate afterlives and its enduring dependence on the gendered and racialized labor of local populations.

АМЕРИКАНСЬКО-ФІЛІППІНСЬКІ ВІДНОСИНИ У СФЕРІ БЕЗПЕКИ У 1991–2016 РР.

This paper describes and discusses the major developments in the U.S.-Philippines security relations in 1991-2016, between signing an agreement to extend a rent of Subic Bay Naval base by the U.S. and inauguration of R. Duterte administration. The research has revealed three periods in the U.S.-Philippines security relations in 1991-2016. The first period started when the Philippines senate rejected to ratify the Subic Bay Agreement in September 1991, and the United States had to evacuate the naval base on November 1992. It lasted until the U.S. and the Philippines signed a Visiting Forces Agreement (VFA) in 1998. The Philippines government’s interest in reaching a new agreement was caused by China’s 1995 military occupation of the Panganiban reef and other incidents at the disputed territories in the South China Sea. The Philippines claimed that they composed a part of their exclusive economic zone, according to the 1982 United Nations Convention on the Law of the Sea. The second period lasted since ratification of the VFA by the Philippines parliament in 1999 until aggravation of the situation in the South China Sea in 2011. This period was featured by enhanced political and military cooperation between the U.S. and the Philippines, and significant U.S. assistance in modernization of the Armed Forces of the Philippines (AFP). In September 2001–2006, the security cooperation was focused on the counterterrorism activitiesin the Philippines by military means. In 2007–2011, the focus shifted to humanitarian operations and development assistance. During the third period, in March 2011 – June 2016, B. Aquino administration refocused attention from domestic security issues to the threats in the South China Sea. In 2014, the Philippines and the U.S. signed the Enhanced Defense Cooperation Agreement, which provided American ships, aircrafts and military personnel with an access to several military bases of the AFP on a rotating basis. The Agreement essentially improved U.S. strategic position in the Southeast Asia and the South China Sea.

Déjà Vu in South Korea? Lessons from the 1992 Philippines Withdrawal

On November 24, 1992, the American flag was lowered for the last time at the Subic Bay naval base, ending 94 years of US military presence in the Philippines.1 One year earlier, the Philippines’ Se...

Lessons from Gitmo

I recently returned from a trip to Guantanamo Bay Naval Base, where I spent a week at Camp Justice — the site of the Military Commissions proceedings for the alleged terrorists and war criminals who have been held on the base since the “War on Terror” began after 9/11. I was observing military commission proceedings in the case of high-value detainee Abd al Hadi al-Iraqi, who was allegedly “one of Osama bin Laden’s closest advisors.” He has been charged with “Denying Quarter, Attacking Protected Property, Using Treachery or Perfidy, and Attempted Use of Treachery or Perfidy in a series of attacks in Afghanistan and Pakistan between about 2003 and 2004, and Conspiracy to commit law of war offenses.” I was tasked with observing the proceedings to ascertain whether they comply with human rights principles and relevant rules of law. During the course of this weeklong adventure, I learned a number of Guantanamo lessons, which I detail in this brief essay.

Spying on Attorneys at GTMO: Guantanamo Bay Military Commissions and the Destruction of the Attorney-Client Relationship

Spying on Attorneys at GTMO: Guantanamo Bay Military Commissions and the Destruction of the Attorney-Client Relationship

To what extent has U.S. foreign policy contributed to an increase in religious inspired terrorism since 1945?

This paper will analyze the role that U.S. Foreign Policy has had on increasing religious inspired terrorism since 1945. Justifications for the War on Terror after 9/11 were for freedom, democracy, and the eradication of terrorism, yet the interventions that have taken place both in the 20th and 21st centuries have neither spread democracy nor freedom and have even increased terrorism, especially in the Middle East and also internationally. The role that each presidential administration after World War II has played in increasing U.S. power and influence in the Middle East has further increased security threats both towards those in the region and Western states. The significant shift in policy after the attacks of 11 September 2001 allowed for the securitization of religious terrorism and a state of exception in which the United States has broken international law and violated human rights through extraordinary measures. The use of drones, in particular by the Obama administration has allowed the War on Terror to move into the shadows from the overt military interventions of George W. Bush in Afghanistan and Iraq, whilst still having a devastating effect on civilians and the stability of the states it targets. The human rights abuses of the United States both in the Middle East and in Guantanamo Bay Naval Base question the legitimacy of the invasions and aims of the democratic state by breaking the rule of law and have also contributed to the increase in religious inspired terrorism.

“Just being real”: A post-colonial critique on Amerasian engagement in Central Luzon’s sex industry

ABSTRACTThis paper explores the historical and social cultural factors that shape Filipino Amerasian women’s participation in sex work in the Olongapo red light district, adjacent to the former US Subic Bay Naval Base. The analysis shares terrain covered by other studies that examine the link between US militarism and Asian sex industries. In addition, this paper considers how racialized and sexualized power structures situate Amerasian women in specific ways in relation to sex work in the Philippines. A feminist post-colonial approach, including discourses on race, miscegenation and nationalism, provides a fresh perspective on how colonial and post-colonial structures and systems of power have shaped the sex industry as it is today, contributing to what may be an overrepresentation of Filipina Amerasians in sex work.

The influence of American Exceptionalism on Latin American foreign affairs: a case study of Guantánamo Bay, Cuba

Since the inception of the United States, American Exceptionalism has played a decisive role in the mediation of relations both in the domestic and foreign spheres. This influential identity character is founded on the beliefs of American uniqueness and the sanctity of their mission, but has, nevertheless, acquired the status of a prevalent paradigm. It is, thus, a malleable state created fantasy capable of creating consensus among the American population, while also offering effective instruments of disavowal capable of exonerating significant state incongruences. Throughout the twentieth century American Exceptionalism has served as a powerful hegemonic discursive instrument, justifying countless interventions in Latin American foreign and domestic affairs. Cuba and Guantanamo Bay Naval Base provide a clear example of this course of action. The recent usage of this base on the War on Terror establishes that, despite recent criticism, U.S. hegemony is still operating in Latin America.

The code not taken: The path from guild ethics to torture and our continuing choices.

wish to thank the Canadian Psychological Association for the John C. Service Award and Martin Drapeau, Editor of Canadian Psychology/Psychologie Canadienne, for inviting me to publish this award address in CPA's flagship journal. am humbled to be associated with the previous award recipients and particularly with the remarkable psychologist for whom it was named.The controversy over psychologists' role in detainee interrogation and torture broke open a comforting facade. It triggered investigations by newspaper reporters, congressional committees, human rights organisations, and a former federal prosecutor hired by the American Psychological Association (APA). They uncovered documents revealing a more complex, confused, and conflicted professional identity than we often present to students, clients, and the public.The controversy confronts us with questions of how we can best serve our profession. It challenges us with choices about what our profession is, what it means, what it does-who we are, what we mean, what we do. It asks whether our individual lives and the lives of our organisations reflect guild ethics or professional ethics.Looking at the choices that marked the path leading up to and into the controversy can help us respond to those questions and challenges. We can try to learn what they have to teach about our individual lives. If a credible identity, integrity, and professional ethics are not reflected in our individual lives, it is unlikely they will thrive in our profession and organisations.I'll discuss the controversy, the path leading up to it, and some major choices we face, but I'll begin with the following selfdisclosure and context. After almost 30 years of active involvement with APA, finally resigned in 2008 over changes APA had been making in its ethics, changes that the Hoffman report discusses. wrote that I respectfully disagree with these changes; am skeptical that they will work as intended; and believe that they may lead to far-reaching unintended consequences. Both my letter of resignation (online at http://kspope.com/apa/index.php) and my articles (Pope, 2011a, 2011b, 2014, 2016; Pope & Gutheil, 2009a) present my beliefs along with the evidence and reasoning that in my opinion support them.The ControversyThe attacks on U.S. civilians on 9/11 forced U.S. citizens and their leaders to make hard choices without knowing what threats lay ahead. To find out more about those threats, the government interrogated detainees at Camps Delta, Iguana, and X-Ray at Guantanamo Bay Naval Base, the Detention Centre at Bagram Airbase in Afghanistan, Abu Ghraib Prison in Iraq, and similar settings.Psychology's Support for the Interrogations and Psychologist InvolvementAPA strongly supported the value of the interrogations and psychologists' involvement. They explained to the U.S. Senate Select Committee on Intelligence that conducting an interrogation is inherently a psychological endeavor. . . . Psychology is central to this process. . . . Psychologists have valuable contributions to make toward . . . protecting our nation's security through interrogation processes (American Psychological Association, 2007b). Psychologists would not only ensure that interrogations were effective in getting accurate and actionable intelligence but also ensure that all interrogations they were involved in were safe, legal, and ethical. An APA Ethics Office statement in Psychology Today underscored what psychologists would achieve in all interrogations: The ability to spot conditions that make abuse more likely uniquely prepares psychologists for this task. Adding a trained professional ensures that all interrogations are conducted in a safe, legal, ethical, and effective manner that protects the individual and helps to elicit information that will prevent future acts of violence (Hutson, 2008; italics added).APA's claim that psychologists were uniquely qualified-in contrast to statements from other professional organisations reluctant to play a role in these interrogations- convinced military leaders. …

Global borderlands: a case study of the Subic Bay Freeport Zone, Philippines

By developing the concept of “global borderlands”—semi-autonomous, foreign-controlled geographic locations geared toward international exchange—this article shifts the focus of globalization literature from elite global cities and cities on national borders to within-country sites owned or operated by foreigners and defined by significant social, cultural, and economic exchange. I analyze three shared features of these sites: semi-autonomy, symbolic and geographic boundaries, and unequal relations. The multi-method analyses reveal how the concept of global borderlands can help us better understand the interactions that occur among people of different nationalities, classes, and races/ethnicities and the complex dynamics that occur within foreign-controlled spaces. I first situate global borderlands within the literatures of global cities and geopolitical borderlands. Next, I use the case study of Subic Bay Freeport Zone (SBFZ), Philippines to show (1) how the semi-autonomy of global borderlands produces different regulations depending on nationality, (2) how its geographic and symbolic borders differentiate this space from the surrounding community, and (3) how the semi-autonomy of these locations and their geographic and symbolic borders reproduce unequal relations. As home of the former US Subic Bay Naval Base and current site of a Freeport Zone, the SBFZ serves as a particularly strategic research location to examine the different forms of interactions that occur between groups within spaces of unequal power.

Non-Legality in International Law: Unruly Law. By Fleur Johns. Cambridge: Cambridge University Press, 2013. 259 pp. $99.00 cloth.

Non-Legality in International Law: Unruly Law. By Fleur Johns. Cambridge: Cambridge University Press, 2013. 259 pp. $99.00 cloth.Non-Legality in International Law is as successful as it is ambitious. Fleur Johns begins her disruption of international legal thought and practice with a simple observation: as a matter of course, when international lawyers make law, they also make non-law, which she defines as understandings of what stands opposed to or outside the reach of legal norms (p. 1). The resulting boundaries and categories-the before, the after, the below, the above, the against and the despite (p. 9)-shape the doctrines and of international law in ways that, until now, have largely been overlooked or accepted uncritically as natural or inevitable.The heart of the book is the articulation and defense of a taxonomy of non-legality in international law. Johns identifies five categories or knowledge practices of non-legality: illegality, extra- legality, pre- or post-legality, supra-legality, and infra-legality. She provides a theoretical explanation of each category or practice that explains its particular characteristics and its relationship to the other practices, and she explores how each category operates in a specific international legal context. For illegality, that context is torture. For extra-legality, it is the detention regime at Guantanamo Bay Naval Base. Transnational cross-border financing of development projects illustrates the concepts of pre- or post- legality, while climate change provides the setting for explaining supra-legality. For infra-legality, Johns provides a close reading of the First Responders Manual for the management of dead bodies after mass disasters.Johns does not suggest that these are the only contexts within which the various parts of her taxonomy of could apply. To the contrary, she emphasizes the nuances that allow them to overlap. Further, it is abundantly clear not only that the specific applications are representative rather than exhaustive, but also that the taxonomy itself-while plainly a significant scholarly achievement-is ultimately a set of tools. Her book is in part a call for further research and analysis, for the application and expansion of her taxonomy across the various topics that comprise contem- porary international law.Still, while each chapter is an important part of this larger structure of analysis, the individual chapters also make particular and incisive contributions to their specific topics. The chapter on torture, for example, is an important contribution to the critical assessment of modern torture discourse, including the right not to be tortured. The chapter on Guantanamo advances a bold rereading of the Schmittian decision on the exception, delink[ed] from Schmitt's fetishism of the state and the person of the sovereign ruler (p. …

Technologies of Blood

In this article I analyze the gender, racial, sexual, and national ideologies at play in the incarceration and forced sterilization of HIV-positive Haitian refugees at the Guantánamo Bay Naval Base in the 1990s. Focusing on legal and medical technologies—specifically asylum law and blood medicine—as sites of biopolitical contestation, I examine the process by which these Haitian refugees' blood became the site of international anxieties over legal sovereignty, biopolitics, citizenship, and reproductive rights. This article places the asylum process and the HIV antibody blood test alongside each other as intertwined technologies of confession that seek to parse “good, truthful” desirable bodies from “bad, deceptive” bodies threatening to contaminate the body politic. I argue that penal institutions, military practices, legal frameworks, and medical testing braid together through blood to construct the US nation-state in a transnational frame and in deeply gendered, sexualized, and racialized ways.

Dod Contradicts Dod: An Analysis of the Response to Death in Camp Delta

The Seton Hall School of Law Center for Policy and Research Report, Death in Camp Delta, analyzed the official investigation into the June 9-10, 2006 deaths of three detainees at Guantanamo Bay Naval Base Detention Facility. The Center found a deeply flawed investigation, which failed to resolve serious questions about what really happened that night that resulted in the deaths of three men in U.S. military custody. In response to an article in Harper’s Magazine which built on the Seton Hall study and independently investigated the events at Camp Delta, the Department of Defense (DOD) provided further information. Unfortunately, this response, like the initial investigation itself, is disturbingly flawed. While the response confirms at least some of Seton Hall’s criticisms of the earlier investigation in the course of providing new information, it also contradicts factual claims in its own investigation, raising new questions as to whether the DOD can be trusted to investigate its own conduct. In analyzing the DODs response, the Center finds that:

Forgotten at Guantanamo: The Boumediene Decision and Its Implications for Refugees at the Base under the Obama Administration

On January 22, 2009, newly inaugurated President Barack Obama signed an Executive Order calling for the closure of Guantanamo Bay Naval Base in response to longstanding criticisms of the Bush Administration‘s Guantanamo policy. 1 The Order requires review of detention and prompt disposition of all cases involving Guantanamo detainees. It was meticulously drafted to apply to all ―individuals currently detained by the Department of Defense in facilities at the Guantanamo Bay Naval Base whom the Department of Defense has ever determined to be, or treated as, enemy combatants.‖ 2 The Order attempts to bring U.S. policy into compliance with both international law and domestic law, invoking the detainee protections of both the Geneva Conventions and U.S. domestic law. 3 It also acknowledges the momentous 2008 decision Boumediene v. Bush, in which the Supreme Court held that the right to constitutional habeas extends to alleged enemy combatant detainees at Guantanamo, and that it does so by virtue of de facto U.S. sovereignty over the territory. 4

UPDATE ON UNITED STATES MILITARY COMMISSIONS

AbstractThis article provides a detailed update on the progress of the United States military commissions under the regime established by the Military Commissions Act of 2006 for the trial of detainees captured during the War on Terror for so-called war crimes. In particular, the author examines the plea and sentencing of Australian detainee David Hicks, the pre-trial developments in the case of Canadian detainee Omar Khadr, and the early litigation involving the detainees who have been dubbed the ‘September 11 co-conspirators’. The author also touches on the Supreme Court decision inHamdanv.Rumsfeld, some of the significant features of the Military Commission Act, the recent federal court litigation in the case ofBoumedienev.Bush, and the construction of the new military commission building at Guantanamo Bay Naval Base.

Litigation and Delay at Guantanamo Bay

This article explores litigation delays occurring at the Guantanamo Bay Naval Base. The author uses his clients to illustrate some of the issues that have arisen with overseas detention cases. Through his clients’ experience of detainment for over five years without being charged with a crime, he discusses the many roadblocks the United States government employs to delay litigation. The author also describes both the toll these delays take on not only the detainees’ physical and mental health, but also the rule of law in the United States. To date, the judiciary has not ruled on his clients' habeas petitions, flouting the tenet of a right to a “speedy and effective” remedy.

The Role of Philippine–American Relations in the Global Campaign Against Terrorism: Implications for Regional Security

Introduction When the United States called for global support to combat terrorism in the light of the 11 September 2001 terrorist attacks (hereafter referred to as 9/11), the Philippines immediately responded by granting the United States over-flight rights for its military aircraft. (1) The Philippines also offered Clark Air Field and Subic Bay Naval Base for use by the International Coalition Against Terrorism as transit points or staging areas for troops fighting the war against terrorism in Afghanistan. Philippine President, Gloria Macapagal Arroyo, even expressed a willingness to deploy Philippine troops to Afghanistan, contingent upon approval by the Philippine Congress. American officials have praised the Philippine Government's support in the global campaign against terrorism and have described the Philippine initiative as outstanding. The Americans even commended President Arroyo for being quick to speak up, very quick to take action to help the United States fight international terrorists. (2) During the six-month anniversary of 9/11, President George W. Bush in his twenty-minute speech singled out President Arroyo for courageously opposing the threat of terror. (3) President Arroyo was the only head of state mentioned by President Bush in this speech. To recognize Philippine support in combating terrorism, the Bush Administration promised President Arroyo that the United States would give the Philippines US$92.3 million in military equipment to bolster not only its ability to counter terrorism but also to increase its wherewithal to fight local insurgents. (4) This exchange of mutual support is a landmark in Philippine-American relations as it revives the once ailing security alliance between the two countries. When the Americans closed their bases in the Philippines as a result of the termination of the Military Bases Agreement (MBA) in 1991, Philippine-American relations hit their lowest point, with the security relationship being practically moribund. President Arroyo's full support for the U.S.-led war on terrorism and strong commitment to the United States in combating the terrorist network in Southeast Asia reinvigorated Philippine-American ties. This prompted one American security analyst to describe the Philippines as an American front-line state in the war on terrorism. (5) What are the implications of reinvigorated Philippine-American relations for regional security? This article will examine the role of Philippine-American relations in the global campaign against terrorism and its implications for the security of Southeast Asia. A Historical Background to Relations Philippine relations with the United States have played an important role in the security of not only Southeast Asia but also the entire Asia-Pacific region. Those relations began as early as 1898 when Filipino and American troops collaborated against Spain, which had been the colonial master of the Philippines for 333 years. Then President Emilio Aguinaldo responded to the request of Commodore George Dewey to provide Filipino assistance against a common enemy. Dewey provided arms and supplies to Filipino forces while Aguinaldo sent manpower to fight Spanish forces. (6) In the aftermath of the Spanish--American War, a vanquished Spain ceded the Philippines to the Americans in the Treaty of Paris. That Treaty became the basis of American rule in the Philippines. With the Treaty of Paris, the United States established colonial control of the Philippines based on the American perception that the Philippines was an important strategic outpost in the Asia-Pacific. (7) Even then, U.S. President William McKinley viewed the Philippines as a strategic country with strong potential in servicing the United States' commercial and naval needs. (8) American businessmen also saw the Philippines as a strategic gateway to the rich markets of Asia, and a hub for American trading activity in the Asia-Pacific region. …

Military Tribunals and Separation of Powers

The President's November 11, 2001 order authorizing the establishment of military tribunals to try non-citizens accused of terrorism was issued without specific statutory authorization and it divested the federal courts of jurisdiction to try these individuals in cases where it is invoked. The article asks whether the order itself is authorized by the Constitution and further whether the provision in the order prohibiting inquiry into tribunal judgments by federal courts is a suspension of the writ of habeas corpus in violation of Article I. The article concludes that the President was authorized to issue the order, but that his attempt to insulate its judgments from habeas corpus is unconstitutional. The article reviews the history of the writ of habeas corpus from the Civil War through the Korean War, with special emphasis on the Milligan case and the Quirin case and suggests that those two cases are difficult to reconcile, but that both stand for the proposition that the Great Writ cannot be suspended. Having said that, the World War II cases seem to limit the reach of habeas to this country and thus trials held overseas or at Guantanamo Bay Naval Base would seem out of reach of the Writ. But even if the Writ does reach these places, Quirin approved suspension of a wide range of constitutional rights in military tribunals held in this country with at least one of the defendants being a U.S. citizen. The article concludes that while the Writ cannot be suspended, granting the writ will have little effect because Quirin effectively insulated these tribunals from the Constitution. The article also surveys the extra-territorial effect of the Constitution and the citizen-non-citizen distinction for Constitutional purposes.