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.”

March 20, 2018
Jonathan Cook
US Smooths Israel’s Path to Annexing West Bank
Jeffrey St. Clair
How They Sold the Iraq War
Chris Busby
Cancer, George Monbiot and Nuclear Weapons Test Fallout
Nick Alexandrov
Washington’s Invasion of Iraq at Fifteen
David Mattson
Wyoming Plans to Slaughter Grizzly Bears
Paul Edwards
My Lai and the Bad Apples Scam
Julian Vigo
The Privatization of Water and the Impoverishment of the Global South
Mir Alikhan
Trump and Pompeo on Three Issues: Paris, Iran and North Korea
Seiji Yamada
Preparing For Nuclear War is Useless
Gary Leupp
Brennan, Venality and Turpitude
Martha Rosenberg
Why There’s a Boycott of Ben & Jerry’s on World Water Day, March 22
March 19, 2018
Henry Heller
The Moment of Trump
John Davis
Pristine Buildings, Tarnished Architect
Uri Avnery
The Fake Enemy
Patrick Cockburn
The Fall of Afrin and the Next Phase of the Syrian War
Nick Pemberton
The Democrats Can’t Save Us
Nomi Prins 
Jared Kushner, RIP: a Political Obituary for the President’s Son-in-Law
Georgina Downs
The Double Standards and Hypocrisy of the UK Government Over the ‘Nerve Agent’ Spy Poisoning
Dean Baker
Trump and the Federal Reserve
Colin Todhunter
The Strategy of Tension Towards Russia and the Push to Nuclear War
Kevin Zeese - Margaret Flowers
US Empire on Decline
Ralph Nader
Ahoy America, Give Trump a Taste of His Own Medicine Starting on Trump Imitation Day
Robert Dodge
Eliminate Nuclear Weapons by Divesting from Them
Laura Finley
Shame on You, Katy Perry
Weekend Edition
March 16, 2018
Friday - Sunday
Michael Uhl
The Tip of the Iceberg: My Lai Fifty Years On
Bruce E. Levine
School Shootings: Who to Listen to Instead of Mainstream Shrinks
Mel Goodman
Caveat Emptor: MSNBC and CNN Use CIA Apologists for False Commentary
Paul Street
The Obama Presidency Gets Some Early High Historiography
Kathy Deacon
Me, My Parents and Red Scares Long Gone
Jeffrey St. Clair
Roaming Charges: Rexless Abandon
Andrew Levine
Good Enemies Are Hard To Find: Therefore Worry
Jim Kavanagh
What to Expect From a Trump / Kim Summit
Ron Jacobs
Trump and His Tariffs
Joshua Frank
Drenched in Crude: It’s an Oil Free For All, But That’s Not a New Thing
Gary Leupp
What If There Was No Collusion?
Matthew Stevenson
Why Vietnam Still Matters: Bernard Fall Dies on the Street Without Joy
Robert Fantina
Bad to Worse: Tillerson, Pompeo and Haspel
Brian Cloughley
Be Prepared, Iran, Because They Want to Destroy You
Richard Moser
What is Organizing?
Scott McLarty
Working Americans Need Independent Politics
Rohullah Naderi
American Gun Violence From an Afghan Perspective
Sharmini Peries - Michael Hudson
Why Trump’s Tariff Travesty Will Not Re-Industrialize the US
Ted Rall
Democrats Should Run on Impeachment
Robert Fisk
Will We Ever See Al Jazeera’s Investigation Into the Israel Lobby?
Kristine Mattis
Superunknown: Scientific Integrity Within the Academic and Media Industrial Complexes