Guantanamo Bay Cuba Lease Agreement

The United States first conquered Guantanamo Bay and built a naval base there during the Spanish-American War in 1898 at the Battle of Guantanamo Bay. In 1903, the United States and Cuba signed a lease agreement authorizing the United States to use the country as a coal and marine station. The lease satisfied the platt amendment; The amendment stipulated that a naval base was required on “certain specific points agreed by the President of the United States” to “enable the United States to maintain Cuba`s independence.” The Guantanamo Bay lease of 1898 created a paradox as to who has legal authority over the base, stipulating that Cuba retains “ultimate sovereignty” over the territory, while the United States has “full jurisdiction.” The text of the Guantanamo Bay5 lease is divided between two bilateral agreements concluded several months apart. The first was an executive agreement between the United States. The second agreement was a July 1903 contract containing additional clauses. 8 The Helms-Burton Act of 1996 may treat the terms of the two 1903 agreements as instruments of operational law, 8 The Helms-Burton Act of 1996 may specify the terms of the two 1903 agreements as instruments of operational law constituting the lease.8 The Helms-Burton Act of 1996 may specify the terms of the two 1903 agreements as operational legal instruments. 8 The Helms-Burton Act of 1996 may treat the terms of the two 1903 agreements as operational instruments, 8 The Helms-Burton Act of 1996 can confirm the terms of the two 1903 agreements as the operational law instruments constituting the lease.8 The Helms-Burton Act of 1996 can also be considered a confirmation of the terms of the two agreements. that the area is no longer “necessary for the purposes of coal and sea stations.” In order to encourage Cuba`s transformation into a democracy, the law made U.S. policy “the will to open negotiations with a democratically elected government in Cuba, either to return cuba to the U.S. naval base at Guantanamo or to renegotiate this agreement under consensual conditions.” 41 The nature of the value to the United States of Guantanamo Bay has thus been legally transformed from a military to a type related to American political promotion. The U.S. commitment, regardless of the military value of Guantanamo Bay, indicates that this value has been permanently lost, since the need for military installation in the international context of geopolitics, conflict and peace can vary over time and that a state with a “democratically elected government” can sometimes be hostile to the United States.

The Cuban government has adopted the Position of the Cuban Government on the legal situation of the US naval base at Guantanamo in that, by the legal form of a lease, it does not grant a permanent right, but a temporary right over that part of our territory, which, in due course, should restore to Cuba, as a fair right of our people. , the territory of Guantanamo illegally occupied by peaceful means.14 , that – the end of U.S. military operations in military installations outside the United States should be carried out as soon as possible, at the discretion of the Minister of Defense; The Minister of Defence should take measures when making such a denunciation available to ensure that the United States receives, through direct payment or otherwise, a consideration equal to the fair value of the improvements made by the United States in the institutions that have been released to the host countries.

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