5

Does the United States Constitution have any amendments related to foreign bases? Technically foreign bases aren't U.S. territory, but they must have some laws.

  • Do you really only want to ask about the constitutional status or about the legal status in general? – Sven Clement Dec 6 '12 at 0:57
  • @SvenClement Both, but i noticed that many questions in one is not well seen. – Alberto Bonsanto Dec 6 '12 at 1:10
  • Actually US bases on foreign soil are US territory. en.wikipedia.org/wiki/United_States_territory – Popo Oct 12 '17 at 17:29
  • @Popo no, that is incorrect. Even the article you link to says "Despite exercise of extraterritorial jurisdiction, these overseas locations remain under the sovereignty of the host countries." – phoog Oct 13 '17 at 11:21
6

If the base is on a foreign territory, the rules are a union of:

  • UCMJ - United States Uniform Code of Military Justice (applicable to uniformed personnel)

  • Whatever local laws may be applicable based on United States' treaties/agreements with the placement nation

    • officially signed treaties are considered a law on par with Constitution (src)

    • those countries where we have bases not covered by an official treaty, the jurisdictional rules are defined by something called status of forces agreements

For those interested in a government's official explanation of the nitty gritty of how this works, you can read through Army Pamphlet 360-544: YOU AND THE LAW OVERSEAS from 1989.

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