Cuban-American Treaty
Encyclopedia
The Cuban–American Treaty was signed on February 17, 1903, by the first president of Cuba, Tomás Estrada Palma, and on February 23, 1903, by the president of the United States
, Theodore Roosevelt
. The treaty stipulates that Republic of Cuba
will perpetually lease to the United States the Guantánamo Bay area (surrounding areas of land and water) for the purpose of coaling and naval stations. The United States will have absolute jurisdiction and control over the area and in return will recognize the Republic of Cuba's ultimate sovereignty over the area. Cuban vessels involved in trade or war will have free passage through the waters.
The treaty actually fell short of the original desires of both the United States government and its military cabinet. Their aim was to accomplish the leasing to the United States of a total of four naval bases located in strategically favorable port areas of Cuba, including Guantánamo Bay. The other three were Bahia Honda
(close to the Cuban capital of Havana
), Cienfuegos
, and Nipe Bay
. The Isle of Pines was also considered for annexation
into the U.S. This separate situation arose from a dispute because the island was not specifically mentioned in the Platt Amendment
which defined Cuba's modern boundaries.
The government of Cuba
believes it to be in violation of article 52 of the 1969 Vienna Convention on the Law of Treaties
, which declares a treaty void if its conclusion has been procured by the threat or use of force. However, Article 4 of the same document states that Vienna Convention on the Law of Treaties shall not be retroactively applied to any treaties made before itself. The treaty was part of the Platt Amendment
, conditions for the withdrawal of United States troops remaining in Cuba since the Spanish–American War. Professor Alfred-Maurice de Zayas
also argues that the United States has broken the terms of the treaty by allowing commercial use of the land and not giving Cuba ultimate sovereignty over the area.
The ongoing detention of prisoners at the base is in itself said to constitute a violation of the original treaty, which explicitly states that the United States is allowed "generally to do any and all things necessary to fit the premises for use as coaling or naval stations only, and for no other purpose." Such argument thus hinges upon whether detention of prisoners is a valid role of a naval or coaling station.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, Theodore Roosevelt
Theodore Roosevelt
Theodore "Teddy" Roosevelt was the 26th President of the United States . He is noted for his exuberant personality, range of interests and achievements, and his leadership of the Progressive Movement, as well as his "cowboy" persona and robust masculinity...
. The treaty stipulates that Republic of Cuba
Cuba
The Republic of Cuba is an island nation in the Caribbean. The nation of Cuba consists of the main island of Cuba, the Isla de la Juventud, and several archipelagos. Havana is the largest city in Cuba and the country's capital. Santiago de Cuba is the second largest city...
will perpetually lease to the United States the Guantánamo Bay area (surrounding areas of land and water) for the purpose of coaling and naval stations. The United States will have absolute jurisdiction and control over the area and in return will recognize the Republic of Cuba's ultimate sovereignty over the area. Cuban vessels involved in trade or war will have free passage through the waters.
The treaty actually fell short of the original desires of both the United States government and its military cabinet. Their aim was to accomplish the leasing to the United States of a total of four naval bases located in strategically favorable port areas of Cuba, including Guantánamo Bay. The other three were Bahia Honda
Bahia Honda, Cuba
Bahía Honda is a municipality and city in the Artemisa Province of Cuba. Before 2011 belonged to Pinar del Río Province. It is located on the northern shore of the island, in an inlet of the Florida Straits, west of Havana. The sheltered bay that gives the name of the municipality contains an...
(close to the Cuban capital of Havana
Havana
Havana is the capital city, province, major port, and leading commercial centre of Cuba. The city proper has a population of 2.1 million inhabitants, and it spans a total of — making it the largest city in the Caribbean region, and the most populous...
), Cienfuegos
Cienfuegos
Cienfuegos is a city on the southern coast of Cuba, capital of Cienfuegos Province. It is located about from Havana, and has a population of 150,000. The city is dubbed La Perla del Sur...
, and Nipe Bay
Nipe Bay
Nipe Bay is a bay on the northern coast of eastern Cuba. It is where the statue of Our Lady of Charity, Patroness of Cuba, was discovered miraculously around 1600. The Battle of Nipe Bay happened on July 21, 1898; it was a naval engagement in the Spanish-American War. Fidel Castro was born near...
. The Isle of Pines was also considered for annexation
Annexation
Annexation is the de jure incorporation of some territory into another geo-political entity . Usually, it is implied that the territory and population being annexed is the smaller, more peripheral, and weaker of the two merging entities, barring physical size...
into the U.S. This separate situation arose from a dispute because the island was not specifically mentioned in the Platt Amendment
Platt Amendment
The Platt Amendment of 1901 was a rider appended to the Army Appropriations Act presented to the U.S. Senate by Connecticut Republican Senator Orville H. Platt replacing the earlier Teller Amendment. Approved on May 22, 1903, it stipulated the conditions for the withdrawal of United States troops...
which defined Cuba's modern boundaries.
The government of Cuba
Cuba
The Republic of Cuba is an island nation in the Caribbean. The nation of Cuba consists of the main island of Cuba, the Isla de la Juventud, and several archipelagos. Havana is the largest city in Cuba and the country's capital. Santiago de Cuba is the second largest city...
believes it to be in violation of article 52 of the 1969 Vienna Convention on the Law of Treaties
Vienna Convention on the Law of Treaties
The Vienna Convention on the Law of Treaties is a treaty concerning the international law on treaties between states. It was adopted on 22 May 1969 and opened for signature on 23 May 1969. The Convention entered into force on 27 January 1980. The VCLT has been ratified by 111 states as of November...
, which declares a treaty void if its conclusion has been procured by the threat or use of force. However, Article 4 of the same document states that Vienna Convention on the Law of Treaties shall not be retroactively applied to any treaties made before itself. The treaty was part of the Platt Amendment
Platt Amendment
The Platt Amendment of 1901 was a rider appended to the Army Appropriations Act presented to the U.S. Senate by Connecticut Republican Senator Orville H. Platt replacing the earlier Teller Amendment. Approved on May 22, 1903, it stipulated the conditions for the withdrawal of United States troops...
, conditions for the withdrawal of United States troops remaining in Cuba since the Spanish–American War. Professor Alfred-Maurice de Zayas
Alfred-Maurice de Zayas
Alfred-Maurice de Zayas is an American lawyer, writer, historian, a leading expert in the field of human rights, as well as a former high-ranking United Nations official...
also argues that the United States has broken the terms of the treaty by allowing commercial use of the land and not giving Cuba ultimate sovereignty over the area.
The ongoing detention of prisoners at the base is in itself said to constitute a violation of the original treaty, which explicitly states that the United States is allowed "generally to do any and all things necessary to fit the premises for use as coaling or naval stations only, and for no other purpose." Such argument thus hinges upon whether detention of prisoners is a valid role of a naval or coaling station.
External links
- Cuban-American treaty(full text)
- 1969 Vienna Convention on the Law of Treaties (full text)