Guantanamo Founded on U.S. Occupation

A week after U.S. Democrat Congresswoman Rashida Tlaib wrote to the Department of Homeland Security and the Department of Defence demanding a halt to the use of Guantanamo as a detention facility, CBS obtained internal government records exposing the Trump administration’s accelerating transfer of detainees. Departing from the earlier policy of only holding migrants from South America pending deportation, the U.S. is now also detaining migrants from Africa, Asia and Europe at Guantanamo.

This confirms earlier speculations in June that the U.S. would be expanding Guantanamo facility to detain thousands of migrants.

In response legal efforts have intensified to stop the U.S. government from sending detained migrants to Guantanamo. It has been argued that ‘the government has never before used a detention facility outside of the United States to detain noncitizens for immigration purposes.’ The issue of the U.S. illegal occupation of Guantanamo is not only marginalised, but silenced. Yet, it is the historical U.S. aggression against Cuba that provides the foundations for Guantanamo’s notoriety.

What Defence Secretary Pete Hegseth described as ‘the frontlines of the war against America’s southern border,’ has been U.S.-occupied territory in Cuba since 1903.

U.S. Occupation

U.S. intervention in Cuba’s War of Independence against Spain was the first step in denying the people their political autonomy. The Treaty of Paris (1898) forced Spain to relinquish Cuba and supposedly guaranteed the island’s independence. The Platt Amendment (1901), however, established eight conditions restricted Cuban independence, while giving the U.S. the right to intervene in its affairs, ostensibly to defend Cuban independence. The Platt Amendment’s eight clauses were included in a permanent treaty between both countries that was signed in 1903.

Notably, Article 1 of the Platt Amendment states, ‘The Government of Cuba shall never enter into any treaty or other compact with any foreign power or powers which will impair or tend to impair the independence of Cuba, nor in any manner authorize or permit any foreign power of powers to obtain by colonization or for military or naval purposes, or otherwise, lodgment in or control over any portion of said island.’

The U.S., however, excluded itself from the stipulations in Article I. Article IV states ‘All acts of the United States in Cuba during its military occupancy thereof are ratified and validated, and all lawful rights acquired thereunder shall be maintained and protected.’

Writing to U.S. President Theodore Roosevelt in 1901, U.S. Chief of Staff Leonard Wood said: ‘Of course, Cuba has been left with little or no independence by the Platt Amendment… The island will gradually become Americanised, and in due time we shall have one of the richest and most desirable possessions anywhere in the world.’

The Platt Amendment also required Cuba to sell or lease lands for coaling or naval stations, under the guise of enabling the U.S. to maintain Cuban independence.

In February 1903, the U.S. and Cuba signed an agreement for the lease of Guantanamo, supposedly for the sole use ‘as coaling and naval stations only, and for no other purpose.’ The agreement gave the U.S. complete jurisdiction over the stipulated areas. The lease for Guantanamo was set at $2,000 to be paid annually in gold. In 1934, the Treaty of Reciprocity replaced the Platt Amendment and the 1903 Permanent Treaty, except for clauses relating to Guantanamo. The Treaty of Reciprocity explicitly stated that until the U.S. decides to abandon Guantanamo, or both countries reach an agreement, the U.S. ‘shall continue to have the territorial extent which it now occupies.’ By 1952, Guantanamo’s naval station had expanded to include a training centre, besides a naval station, naval air station, and a Marine Corps and warehouse base.

U.S. Imperialist Aggression

Cuban revolutionary leader Fidel Castro and the July 26 Movement overthrew the U.S.-backed dictator Fulgencio Batista on January 1,1959. On March 5, 1959, Fidel demanded that the U.S. relinquishe its occupation of Guantanamo. In protest against the U.S. illegal occupation of Cuban territory, the Cuban revolutionary government stopped cashing the lease cheques after 1960. In that same year, the U.S. severed diplomatic relations with Cuba.

A 1962 declassified memorandum states that if Cuba had to ‘denounce and repudiate’ the agreements upon which the U.S. holds the Guantanamo base, the U.S. ‘would be justified in resisting with force,’ given that no termination date was agreed upon.

By that time, the U.S. had already attempted to overthrow Fidel Castro. In 1961, the U.S. authorised the Bay of Pigs Invasion – a counterrevolutionary attack planned during the Eisenhower administration and caried out under President J. F. Kennedy – in which a group of Cuban exiles trained by the C.I.A. attempted to infiltrate Cuba. They were defeated by the Cuban revolutionary forces within seventy-two hours. The defeat prompted Kennedy to launch the United States Agency for International Development (USAID) and in 1962, and the U.S. imposed its long-standing blockade on Cuba.

Between 1961 and 1962, Cuba recorded at least three attacks by U.S. soldiers against Cuban civilians in Guantanamo. Manuel Prieto Gomez was interrogated and physically tortured at the military base for allegedly stealing documents relating to the naval base pay roll. Gomez, who named Rear Admiral F. W. Fenno as his interrogator and torturer, said he was targeted for openly supporting Fidel Castro. Ruben Lopez Sabariego, who also supported the revolution and who worked at the base, was detained and murdered. His body was buried in a shallow grave at the naval base. Rodolfo Rosell Salas, a Cuban fisherman, was found dead in his boat in Guantanamo territory, his body showing signs of severe torture.

These first three murders were followed by other instances of U.S. forces killing Cubans in Guantanamo. In 1976, the Cuban constitution declared the earlier treaties regarding Guantanamo null and illegal, since they were signed under unequal conditions that diminished Cuba’s sovereignty and territorial integrity.

The U.S. also used Guantanamo as a training base for foreign intervention in South America. In 1979, President Jimmy Carter announced the U.S. would conduct military manoeuvres in Guantanamo, reported in the press in 1980 as Operation Solid Shield 80, which included the transportation of an additional 1,200 U.S. Marines. Further plans and drills for military intervention in South America took place in 1982 under Operation Ocean Venture 82, which included a simulation of invading Puerto Rico. Two years later, the Pentagon sent a report to Congress, detailing a plan to spend $43.4 million to improve Guantanamo, as well as upgrading military installations in South America by 1988. In 1987, the U.S. announced Operation Solid Shield 87, which consisted of a practice response to a hypothetical assistance call from Honduras in case of an invasion from Nicaragua – as well as a response to a Cuban reaction in case of such a scenario.

Violations of international Law

Besides the aggression against Cuba, the U.S. began using Guantanamo as a detention facility in the 1970s, when it intercepted boats carrying Haitians. Those on board were sent to Guantanamo for detention and processing. The situation was repeated in 1991, when the U.S. backed the Haitian Army to overthrow the democratically-elected president Jean-Bertrand Aristide.

Using Guantanamo as a detention base rested on the ambiguous conditions under which the territory was leased. The U.S. retained jurisdiction over Guantanamo while Cuba retained sovereignty. The U.S. government has argued, however, that U.S. courts do not have jurisdiction over Guantanamo since it does not hold sovereignty over the territory.

Since the onset of the so-called War on Terror, Cuban territory has been exploited by the U.S., which committed atrocious acts of torture. These were linked to further violations of international law such as the extraordinary rendition of alleged terror suspects, which made Guantanamo a black site for C.I.A. enhanced interrogation techniques.

Several European countries participated in the C.I.A.’s extraordinary rendition flights. Austria, Italy, Poland, Portugal and the U.K. refused to cooperate during investigations carried out by rapporteur Giovanni Fava. The report states that the C.I.A. operated 1,245 flights within European airspace to U.S. bases in Europe, some of which were linked to extraordinary rendition and also to Guantanamo.

While President G. W. Bush publicly defended Guantanamo’s use in the C.I.A.’s extraordinary rendition program in 2010, Barack Obama had announced his intention to close the detention facility within a year – a statement he reneged upon four months after suspending the trials.

Cuban Foreign Minister Bruno Rodriguez has regularly criticised U.S. intervention in Cuba, including the use of Guantanamo as a detention and torture site. It only gains symbolic political momentum, however, when it comes to the illegal U.S. blockade against Cuba. Regarding Guantanamo and the Western front against migration, Cuba’s right to reclaim its territory is overshadowed by both well-meaning and ill-intentioned policies. Human rights organisations are calling for the detention facilities to be closed, but ending the U.S. illegal occupation of Guantanamo is central to closing the detention facilities, an occupation which Cuba has denounced since the revolution.

As Fidel Castro wrote, ‘The U.S. base at Guantanamo was necessary in order to humiliate and to carry out the dirty deeds that take place there. If we must await the downfall of the system, we will wait … Cuba will always be waiting in a state of combat readiness.’

Feature Image: A tent facility at a disused NSGB air terminal used to hold Haitian migrants