FacebookTwitterRedditEmail

Return Guantánamo to the Cuban People

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.

More articles by:

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.”

bernie-the-sandernistas-cover-344x550
April 07, 2020
Joel McCleary – Mark Medish
Paradigm Shift by Pandemic
Matt Smith
Amazon Retaliation: Workers Striking Back
Kenneth Surin
What The President Said (About The Plague)
Patrick Cockburn
The Chaotic Government Response to COVID-19 Resembles the Failures of 1914
Marshall Auerback
The Coronavirus Pandemic Has Opened the Curtains on the World’s Next Economic Model
Vijay Prashad, Paola Estrada, Ana Maldonado, and Zoe PC
Trump Sends Gun Boats to Venezuela While the World Partners to Fight a Deadly Pandemic
Jeremy Lent
Coronavirus Spells the End of the Neoliberal Era. What’s Next?
Dean Baker
The Big Hit: Covid-19 and the Economy
Nino Pagliccia
A Simple Democratic Transition Framework for Venezuela: End All “Sanctions”
Colin Todhunter
Locked Down and Locking in the New Global Order
Robert Fisk
Biden Says He ‘Doesn’t Have Enough Information’ on Iran to Have a Vew. How Odd, He Negotiated the Nuclear Deal
Wim Laven
GOP’s Achievement is Now on Display
Binoy Kampmark
Boastful Pay Cuts: the Coronavirus Incentive
Dave Lindorff
It’s Spring and I’ve Turned 71 in a Pandemic-Induced Recession
Steve Brown
FLASH! Trump Just Endorsed Bernie’s Medicare-For-All Health Plan
Marc Haggerty
Class and COVID-19: Those Who Can and Those Who Can’t
Manuel García, Jr.
A Reply to Jeffrey St. Clair’s “Strange Things Happening Every Day”
George Wuerthner
How Fuel Breaks Fuel Fires
Marshall Sahlins
Election 2020
April 06, 2020
Richard D. Wolff
COVID-19 and the Failures of Capitalism
W. T. Whitney
Donald Trump, Capitalism, and Letting Them Die
Cesar Chelala
Cuba’s Promising Approach to Cancer
David A. Schultz
Camus and Kübler-Ross in a Time of COVID-19 and Trump
Nomi Prins 
Wall Street Wins, Again: Bailouts in the Time of Coronavirus
Dean Baker
Getting to Medicare-for-All, Eventually
Dave Lindorff
Neither Pandemic Nor Economic Collapse is Going to Be a Short-Lived Crisis
Sonali Kolhatkar
Capitalism in America Has Dropped the Mask: Its Face is Cruel and Selfish
Ralph Nader
Trump’s 7 Pro-Contagion Reversals Increase the Coronavirus Toll
David Swanson
A Department of Actual Defense in a Time of Coronavirus
Ellen Brown
Was the Fed Just Nationalized?
Jeff Birkenstein
Postcards From Trump
Nick Licata
Authoritarian Leaders Rejected the Danger of a COVID-19 Pandemic Because It Challenged Their Image
Kathy Kelly
“He’s Got Eight Numbers, Just Like Everybody Else”
Graham Peebles
Change Love and the Need for Unity
Kim C. Domenico
Can We Transform Fear to Strength In A Time of Pandemic?
Mike Garrity
Alliance for the Wild Rockies Files Lawsuit to Stop Logging and Burning Project in Rocky Mountain Front Inventoried Roadless Area
Stephen Cooper
“The Soul Syndicate members dem, dem are all icons”: an Interview with Tony Chin
Weekend Edition
April 03, 2020
Friday - Sunday
Omar Shaban
Gaza’s New Conflict: COVID-19
Rob Urie
Work, Crisis and Pandemic
John Whitlow
Slumlord Capitalism v. Global Pandemic
Jeffrey St. Clair
Roaming Charges: Strange Things Happening Every Day
Jonathan Cook
The Bigger Picture is Hiding Behind a Virus
Paul Street
Silver Linings Amidst the Capitalist Coronavirus Crisis
Evaggelos Vallianatos
The Control of Nature
Louis Proyect
COVID-19 and the “Just-in-Time” Supply Chain: Why Hospitals Ran Out of Ventilators and Grocery Stores Ran Out of Toilet Paper
FacebookTwitterRedditEmail