FacebookTwitterGoogle+RedditEmail

Return Guantánamo to the Cuban People

by Dr. CESAR CHELALA

To restore good relations with Latin America and the Caribbean, damaged by several years of neglect, is one of many difficult tasks now facing the Obama administration. A measure that could have far-reaching consequences and notably improve the U.S.’ battered image in the continent would be to return Guantánamo to the Cuban people.

Guantánamo has a convoluted history. Initially, the U.S. government obtained a 99-year lease on the 45 square mile area beginning in 1903. The resulting Cuban-American Treaty established, among other things, that for the purposes of operating naval and coaling stations in Guantánamo, the U.S. had “complete jurisdiction and control” of the area. However, it was also recognized that the Republic of Cuba retained ultimate sovereignty.

In 1934, a new treaty reaffirmed most of the lease conditions, increased the lease payment to the equivalent of $3,085 in U.S. dollars per year, and made the lease permanent unless both governments agreed to end it or the U.S. decided to abandon the area.

In the confusion of the early days of the Cuban revolution, Castro’s government cashed the first check but left the remaining checks un-cashed. Since these checks were made out to the ‘Treasurer General of the Republic’, a position that ceased to exist after the revolution, they are technically invalid.

The U.S. has maintained that the cashing of the first check indicates acceptance of the lease conditions. However, at the time of the new treaty, the U.S. sent a fleet of warships to Cuba to strengthen its position. Thus, a counter argument is that the lease conditions were imposed on Cuba under duress and are rendered void under modern international law.

The U.S. has used the argument of Cuban sovereignty over Guantánamo when denying basic guarantees of the U.S. Constitution to the detainees at that facility by indicating that federal jurisdiction doesn’t apply to them. If the Cuban government indeed has sovereignty over Guantánamo, then its claims over the area are legally binding and the U.S. is obligated to return Guantánamo to Cuba.

Since 1959, the Cuban government has informed the U.S. government that it wants to terminate the lease on Guantánamo. The U.S. has consistently refused this request on the grounds that it requires agreement by both parties.

Alfred-Maurice de Zayas, an American lawyer and professor of international law at the Geneva School of Diplomacy and International Relations, has noted that article 52 of the Vienna Convention on the Law of Treaties states, “A treaty is void if its conclusion has been procured by the threat or use of force in violation of the principles of international law embodied in the Charter of the United Nations.”

He also believes that the conditions under which the treaty was imposed on the Cuban National Assembly, particularly as a pre-condition to limited Cuban independence, left Cuba no other choice than to yield to pressure.

A treaty can also be void by virtue of material breach of its provisions, as indicated in article 60 of the Vienna Convention on the Law of Treaties. According to the original terms of the lease agreement, the Guantánamo Bay territory could only be used for coaling and naval purposes.

However, the use of the Guantánamo facility as an internment camp for Haitian and Cuban refugees — or, even more ominously, as a demonstrated torture center by the U.S. military — indicates a significant breach of that agreement, fully justifying its immediate termination.

President Jimmy Carter courageously returned the Panama Canal to the Panamanians, thus setting an important precedent in international relations. President Carter did what was legally right, and lifted U.S. prestige not only among Panamanians but throughout the hemisphere.

It can be said that the proposal of returning Guantánamo to Cuba is hopelessly naïve, since it would give an unnecessary boost to the Castro brothers. However, this would be balanced by a wave of goodwill and respect towards the U.S. throughout Latin America. In addition, returning Guantánamo to Cuba will allow the U.S. to close one of the most tragic chapters of its legal and moral history, and it will compensate Cubans for the miseries they have had to endure due to the U.S. embargo and the stubbornness of the Cuban leaders.

Dr. Cesar Chelala is a co-winner of an Overseas Press Club of America award.

Dr. Cesar Chelala is a co-winner of the 1979 Overseas Press Club of America award for the article “Missing or Disappeared in Argentina: The Desperate Search for Thousands of Abducted Victims.”

More articles by:

CounterPunch Magazine

minimag-edit

bernie-the-sandernistas-cover-344x550

zen economics

May 25, 2017
Jennifer Matsui
The Rise of the Alt-Center
Michael Hudson
Another Housing Bubble?
Robert Fisk
Trump Meets the New Leader of the Secular World, Pope Francis
John Laforge
Draft Treaty Banning Nuclear Weapons Unveiled
Benjamin Dangl
Trump’s Budget Expands War on the Backs of America’s Poor
Alice Donovan
US-Led Air Strikes Killed Record Number of Civilians in Syria
Andrew Moss
The Meaning of Trump’s Wall
Leslie Scott
Trump in the Middle East: New Ideas, Old Politics
George Wuerthner
Environmental Groups as Climate Deniers
Pauline Murphy
The Irish Dead: Fighting Fascism in Spain, 1937
Brian Trautman
Veterans on the March
Eric Sommer
Trumps Attack on Social Spending Escalates Long-term Massive Robbery of American Work
Binoy Kampmark
Twenty-Seven Hours: Donald Trump in Israel
Christian Hillegas
Trump’s Islamophobia: the Persistence of Orientalism in Western Rhetoric and Media
Michael J. Sainato
Russiagate: Clintonites Spread the Weiner Conspiracy
Walter Clemens
What the President Could Learn from Our Shih-Tzu Eddie
May 24, 2017
Paul Street
Beyond Neoliberal Identity Politics
Daniel Read
Powder Keg: Manchester Terror Attack Could Lead to Yet Another Resurgence in Nationalist Hate
Robert Fisk
When Peace is a Commodity: Trump in the Middle East
Kenneth Surin
The UK’s Epochal Election
Jeff Berg
Lessons From a Modern Greek Tragedy
Steve Cooper
A Concrete Agenda for Progressives
Michael McKinley
Australia-as-Concierge: the Need for a Change of Occupation
William Hawes
Where Are Your Minds? An Open Letter to Thomas de Maiziere and the CDU
Steve Early
“Corporate Free” Candidates Move Up
Fariborz Saremi
Presidential Elections in Iran and the Outcomes
Dan Bacher
The Dark Heart of California’s Water Politics
Alessandra Bajec
Never Ending Injustice for Pinar Selek
Rob Seimetz
Death By Demigod
Jesse Jackson
Venezuela Needs Helping Hand, Not a Hammer Blow 
Binoy Kampmark
Return to Realpolitik: Trump in Saudi Arabia
Vern Loomis
The NRA: the Dragon in Our Midst
May 23, 2017
John Wight
Manchester Attacks: What Price Hypocrisy?
Patrick Cockburn
A Gathering of Autocrats: Trump Puts US on Sunni Muslim Side of Bitter Sectarian War with Shias
Shamus Cooke
Can Trump Salvage His Presidency in Syria’s War?
Thomas S. Harrington
“Risk”: a Sad Comedown for Laura Poitras
Josh White
Towards the Corbyn Doctrine
Mike Whitney
Rosenstein and Mueller: the Regime Change Tag-Team
Jan Oberg
Trump in Riyadh: an Arab NATO Against Syria and Iran
Susan Babbitt
The Most Dangerous Spy You’ve Never Heard Of: Ana Belén Montes
Rannie Amiri
Al-Awamiya: City of Resistance
Dimitris Konstantakopoulos
The European Left and the Greek Tragedy
Laura Leigh
This Land is Your Land, Except If You’re a Wild Horse Advocate
Hervé Kempf
Macron, Old World President
Michael J. Sainato
Devos Takes Out Her Hatchet
FacebookTwitterGoogle+RedditEmail