[THREAD] Is US Marine Joseph Scott Pemberton even covered by GCTA law? International Law Professor Romel Bagares ( @dooyeweerdian) and one of the Laude lawyer, said No. "Ordinary convicts deserve the graces of the GCTA law. Pemberton doesn't," Bagares said @rapplerdotcom

Two legal questions are raised: Is Pemberton covered by equal protection? And does the VFA cover the later GCTA law?

Supreme Court made GCTA retroactive, ruling that all convicts in all time periods must enjoy the perks because of equal protection. Generally, equal protection does not apply if there is substantial distinction.

In this case, VFA is the substantial distinction, said Bagares.

"SC said equal protection does not apply in detentions and convictions under VFA; there is a substantial difference in treatment between someone under VFA and ordinary convict. Thus, different modality applies to Pemberton," said Bagares, referring to https://www.chanrobles.com/cralaw/2015novemberdecisions.php?id=1021

The 2nd issue Bagares pointed out is that 2012 GCTA law was never agreed upon in 1999 VFA.

SC said in same case: "The rule in int'l law is that a foreign armed forces allowed to enter one's territory is immune from local jurisdiction, except to the extent agreed upon."

"We argue from the tenor of the Court’s ruling that such agreement must be specific and express — if it does not and did not include GCTA allowance for Pemberton, then he cannot claim it," said Bagares.