Isabella Carter
Guantanamo Bay, a US military base located on 45 square miles of land and water at the southeastern end of Cuba, has been leased to the United States since 1903. Despite the Cuban government's consistent protests against the US presence on Cuban soil, the base has been maintained without diplomacy with Cuba through a series of historical treaties and amendments, including the Platt Amendment, the 1903 Treaty of Relations, and the 1934 Treaty of Reciprocity. The US justifies its continued presence at Guantanamo Bay by citing the strategic importance of the location for military training and counter-drug trafficking efforts, as well as its role in processing asylum seekers and refugees.
| Characteristics | Values |
|---|---|
| Year of acquisition | 1898 |
| Year of formal acquisition | 1903 |
| Annual rent | $2,000 in gold per year until 1934, when the payment was set to match the value of gold in dollars; in 1974, the yearly lease was set to $4,085 |
| Size | 45 square miles (117 km2) of land and water |
| Number of permanent residents | 3,000 |
| Number of prisoners | Over 100 |
| Number of refugees in 1994 | 50,000 |
| Current status | Open |
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What You'll Learn
The 1903 lease agreement between the US and Cuba
The agreement was made in the aftermath of the Spanish-American War, which saw the US declare war on Spain after the alleged torpedoing of a US warship by the Spanish. This resulted in the transfer of rule over Cuba from Spain to the US, as outlined in the 1898 Treaty of Paris. However, the Cuban people continued to fight for their independence, which led to the introduction of the Platt Amendment in 1901. This amendment allowed the US President to hand over control of the island to the Cuban people but only after a government and constitution were established that defined future relations between the two nations.
The 1903 lease agreement specified that the US would pay an annual sum of $2,000 in gold coin to Cuba for the use of the leased areas. It also outlined that the US would be responsible for acquiring any additional land or property within the leased areas and constructing and maintaining permanent fences or enclosures to mark the boundaries. The US agreed not to interfere with vessels entering or departing Cuban ports, except in a state of war, and Cuba agreed to extradite fugitives from justice charged with crimes under US law who took refuge in Cuban territory.
The lease agreement has been a source of tension between the US and Cuba, with Cuban leaders like Fidel Castro expressing displeasure over the continued US presence in Guantanamo Bay. Despite this, the US has maintained its presence in the area, and the lease has been extended over time, with the US even enlarging the size of the leased area in 1912. Today, Guantanamo Bay covers nearly 118 square kilometers of eastern Cuba and houses around 3,000 US military personnel.
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Cuba's legal attempts to evict the US
Cuba has long protested the US's presence on its soil, arguing that the Guantanamo Bay Naval Base was imposed on Cuba by force and is illegal under international law. The Cuban government has demanded the return of the land, but the US points to a legal provision that makes the lease permanent unless terminated by mutual agreement.
The Guantanamo Bay Naval Base has been leased to the US since 1903 as a coaling station and naval base, making it the oldest overseas US naval base. The lease was set at $2,000 in gold per year until 1934 when the payment was changed to match the value of gold in dollars, and in 1974, the yearly lease was set at $4,085. The US has consistently sent rent checks, but Cuba has not cashed them.
In 1934, a new Treaty of Relations was signed between the US and Cuba, which expressly abrogated the previous 1903 Treaty of Relations. However, the 1934 treaty contained a provision that the stipulations regarding the lease of Guantanamo Bay would remain in effect until both parties agreed to modify or abrogate them.
The 1903 lease agreement, which has no fixed expiration date, was executed in two parts. The first part, signed in February, outlined the agreement between the US and Cuba to maintain the independence of Cuba and enter into a lease for lands necessary for US naval stations. Article 1 described the boundaries of the leased areas, Guantanamo Bay and Bahia Honda. Article 2 stated that the US may occupy, use, and modify the properties to fit the needs of a coaling and naval station, with the provision that vessels in the Cuban trade shall have free passage. Article 3 stated that Cuba retains ultimate sovereignty, but the US exercises sole jurisdiction over the leased areas.
Despite Cuba's protests and attempts to evict the US from Guantanamo Bay, the US has maintained its position that the lease agreement is legally binding and has resisted any attempts to unilaterally terminate the arrangement. According to international law experts, a unilateral declaration by Cuba to denounce, repudiate, or abrogate the lease would be legally ineffective, and the US would be justified in using force to defend the base and maintain its position.
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US military's use of Guantanamo Bay as a detention camp
The Guantanamo Bay detention camp, also known as GTMO, GITMO, or simply Guantanamo Bay, is a United States military prison within the Guantanamo Bay Naval Base on the coast of Cuba. The US gained control of the land in 1898, when rule of Cuba was transferred to Washington following the Treaty of Paris. In 1901, the Platt Amendment was introduced, which allowed the US President to hand over rule of the island to the Cuban people, but only after a government and constitution were established that set out future relations between the two countries. This was followed by the 1903 Permanent Treaty, which decided that a piece of Cuban land was to be leased to the US. The Guantanamo Bay Naval Base was established in 1903 pursuant to a lease agreement with no expiration date. The lease gave the US "complete jurisdiction and control" while recognising Cuba's "ultimate sovereignty".
The detention camp was established in January 2002 by US President George W. Bush to hold terrorism suspects and "illegal enemy combatants" during the Global War on Terrorism following the September 11, 2001 attacks. The camp was used to house Muslim militants and suspected terrorists, including members of Al-Qaeda and fighters for the Taliban, captured by US forces in Afghanistan, Iraq, and elsewhere. The Bush administration maintained that it was not obliged to grant prisoners basic protections under the US Constitution or observe the Geneva Conventions regarding the treatment of prisoners of war, as the conventions did not apply to "unlawful enemy combatants".
The Guantanamo Bay detention camp has been the subject of widespread controversy and criticism from international human rights and humanitarian organisations, including Amnesty International, Human Rights Watch, and the International Committee of the Red Cross, as well as the European Union and the Organization of American States (OAS). The camp has been condemned for alleged human rights violations, including the use of torture during interrogations, unfit detention conditions, and routine abuse of detainees. In 2003, the International Committee of the Red Cross warned of a "deterioration in the psychological health of a large number of detainees".
In 2009, President Barack Obama issued an executive order to close the facility within one year, however, this was prevented by strong bipartisan opposition from the US Congress on the grounds of national security. During his administration, the number of inmates was reduced, but the use of controversial policies such as military courts was continued. In 2018, President Donald Trump signed an executive order to keep the detention camp open indefinitely, and only one prisoner was repatriated during his term. President Joe Biden also vowed to close the camp before his term ended but continued with expansions to Guantanamo Bay facilities.
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US's economic blockade on Cuba for over 40 years
The US naval base at Guantanamo Bay in Cuba has been the centre of much controversy. The US has occupied the area for over a century, and despite the two countries' tumultuous relationship, the US Navy is likely to stay.
The US first gained control of Guantanamo Bay in 1898, when the US declared war on Spain after their warship, The Maine, was allegedly attacked by the Spanish. Later that year, rule of Cuba was transferred to Washington, and the Cuban struggle for independence continued, this time against US rule. In 1901, the US introduced the Platt Amendment, which allowed the US President to hand over rule of the island to the Cuban people, but only after a government and constitution could be established that set out future relations between the two countries. This led to the 1903 Permanent Treaty, which decided that a piece of Cuban land would be leased to the US. In 1934, the US began a "Good Neighbour" policy and signed a Treaty of Reciprocity, which repealed the Platt Amendment and the 1903 Permanent Treaty, but maintained all stipulations concerning Guantanamo.
In 1959, the socialist Castro government came to power, and relations between the US and Cuba became strained after the Agricultural Reform confiscated land owned by many American businesses and Cuba continued to sponsor revolutionary movements in other parts of the Caribbean. In 1960, Fidel Castro threatened to kick the US Navy out of Guantanamo if they continued to interfere with the Cuban economy. In 1962, President John F. Kennedy proclaimed an embargo on trade between the US and Cuba, in response to certain actions taken by the Cuban Government. This embargo has been in place for over 40 years and has had devastating effects on the Cuban people, with one source estimating that from 1 March 2022 to 28 February 2023, the blockade cost Cuba $4.87 billion in losses. The embargo has also made banking and financial operations extremely difficult for Cuba and has impacted the country's ability to obtain basic medicine and food. It has been opposed by multiple international organisations, including Amnesty International, Human Rights Watch, and the Inter-American Commission on Human Rights, who argue that it has had an adverse effect on human rights in Cuba.
Despite the US's economic blockade of Cuba, the US has been able to maintain its presence in Guantanamo Bay due to the 1903 Permanent Treaty and the 1934 Treaty of Reciprocity, which maintained US control of the area. Additionally, the US has been able to circumvent the effects of the embargo on their own operations in Guantanamo Bay, for example, by building their own water and power plants when Castro cut off the water supply in 1964.
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Fidel Castro's displeasure at the US presence in Cuba
Fidel Castro was a Cuban revolutionary and politician who served as the leader of Cuba from 1959 to 2008. He was a Marxist-Leninist and Cuban nationalist, and under his administration, Cuba became a one-party communist state. Ideologically, he was a champion of socialism and anti-imperialism, and his revolutionary government advanced economic and social justice while securing Cuba's independence from American hegemony.
Castro's supporters viewed him as a progressive force who brought about important advances in economic, social, and cultural rights in Cuba, such as education and healthcare. UNESCO concluded that there is near-universal literacy on the island, and the country met or came close to meeting the Millennium Development Goals set by the UN.
However, Castro's critics accused him of being a dictator whose administration oversaw human rights abuses, the exodus of many Cubans, and the impoverishment of the country's economy. The US government's efforts to press for change in Cuba during his rule repeatedly failed, and the US imposed an embargo that indiscriminately harmed the Cuban population.
Castro was particularly displeased with the continued US presence in Guantanamo Bay, a piece of Cuban land leased to the USA since 1903. When Castro came to power in the 1950s, he threatened to kick the US Navy out of Guantanamo if the US continued to interfere with the Cuban economy. In 1964, he cut off the water supply to the base, prompting the Navy to build its own water and power plants. Despite Castro's protests, the lease remained, and Guantanamo Bay continues to be a US naval base to this day.
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Frequently asked questions
The US first seized Guantanamo Bay in 1898 during the Spanish-American War. In 1903, the US and Cuba signed the Permanent Treaty, which leased a piece of Cuban land to the US with no end date.
The US has complete jurisdiction and control over Guantanamo Bay, but Cuba retains ultimate sovereignty. The lease agreement has been amended several times, but it has no fixed expiration date.
The Cuban government has consistently protested the US presence on Cuban soil, arguing that the base was imposed illegally and is a violation of international law. Since the Cuban Revolution of 1953-1959, the Cuban government has only cashed one of the rent cheques from the US government.
Guantanamo Bay is the largest harbor on the south side of Cuba and is surrounded by steep hills, making it an ideal natural haven for naval vessels in the region. It also served as an anti-submarine center during World War II and is an isolated, warm-water training base for the US Navy.
Yes, in 2009, US President Barack Obama issued an executive order to close the detention facilities at Guantanamo Bay within a year. However, as of 2021, the detention facilities remain in use due to congressional refusal of funds for their closure.
