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Guantánamo Bay (Cuba)
Encyclopedia
Headlands and bays
Headlands and bays are two related features of the coastal environment.- Geology and geography :Headlands and bays are often found on the same coastline. A bay is surrounded by land on three sides, whereas a headland is surrounded by water on three sides. Headlands are characterized by high,...
located in Guantánamo Province
Guantánamo Province
Guantánamo is the easternmost province of Cuba. Its capital is also called Guantánamo. Other towns include Baracoa. The province surrounds the U.S. Navy base at Guantánamo Bay.-History:...
at the southeastern end 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...
(19°54′N 75°9′W). It is the largest harbor on the south side of the island and is surrounded by steep hills creating an enclave cut off from its immediate hinterland
Hinterland
The hinterland is the land or district behind a coast or the shoreline of a river. Specifically, by the doctrine of the hinterland, the word is applied to the inland region lying behind a port, claimed by the state that owns the coast. The area from which products are delivered to a port for...
.
The United States assumed territorial control over the southern portion of Guantánamo Bay under the 1903 Cuban-American Treaty
Cuban-American Treaty
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...
, which granted it a perpetual lease of the area. The United States, by virtue of its complete jurisdiction and control, maintains "de facto" sovereignty over this territory, while Cuba retained ultimate sovereignty over the territory. The current government of Cuba regards the U.S. presence in Guantánamo Bay as illegal and insists the Cuban-American Treaty was obtained by threat of force in violation of international law.
History
The bay was called Guantánamo by its original inhabitants, the Taínos. Christopher Columbus
Christopher Columbus
Christopher Columbus was an explorer, colonizer, and navigator, born in the Republic of Genoa, in northwestern Italy. Under the auspices of the Catholic Monarchs of Spain, he completed four voyages across the Atlantic Ocean that led to general European awareness of the American continents in the...
landed in 1494, naming it Puerto Grande. On landing, Columbus' crew found Taíno fishermen preparing a feast for the local chieftain. When Spanish
Spanish Empire
The Spanish Empire comprised territories and colonies administered directly by Spain in Europe, in America, Africa, Asia and Oceania. It originated during the Age of Exploration and was therefore one of the first global empires. At the time of Habsburgs, Spain reached the peak of its world power....
settlers took control of Cuba, the bay became a vital harbor on the south side of the island.
The bay was briefly known as Cumberland Bay when the British seized it in 1741, during the War of Jenkins' Ear
War of Jenkins' Ear
The War of Jenkins' Ear was a conflict between Great Britain and Spain that lasted from 1739 to 1748, with major operations largely ended by 1742. Its unusual name, coined by Thomas Carlyle in 1858, relates to Robert Jenkins, captain of a British merchant ship, who exhibited his severed ear in...
. British Admiral Edward Vernon
Edward Vernon
Edward Vernon was an English naval officer. Vernon was born in Westminster, England and went to Westminster School. He joined the Navy in 1700 and was promoted to Lieutenant in 1702 and served on several different ships for the next five years...
arrived with a force of eight warships and 4,000 soldiers with plans to march on Santiago de Cuba
Santiago de Cuba
Santiago de Cuba is the second largest city of Cuba and capital city of Santiago de Cuba Province in the south-eastern area of the island, some south-east of the Cuban capital of Havana....
. However, resistance by local guerrilla forces forced him to withdraw. In late 1760, boats from and HMS Boreas
HMS Boreas (1757)
HMS Boreas was a 28-gun Coventry-class sixth-rate frigate of the Royal Navy. Built in 1757, she was one of five frigates of the class built of fir rather than oak...
cut-out the French privateers Vainquer and Mackau, which were hiding in the bay. The French were also forced to burn the Guespe, another privateer, to prevent her capture.
During the Spanish-American War
Spanish-American War
The Spanish–American War was a conflict in 1898 between Spain and the United States, effectively the result of American intervention in the ongoing Cuban War of Independence...
, the U.S. Navy fleet attacking Santiago needed shelter from the summer hurricane season. They chose Guantánamo because of its excellent harbor. U.S. Marines landed with naval support in the 1898 invasion of Guantánamo Bay
1898 invasion of Guantánamo Bay
The Battle of Guantánamo Bay was fought from June 6 to June 10 in 1898, during the Spanish-American War, when American and Cuban forces seized the strategically and commercially important harbor of Guantánamo Bay, Cuba. Capturing the bay from the Spanish forces was instrumental in the following...
. As they moved inland, however, Spanish
Spanish Empire
The Spanish Empire comprised territories and colonies administered directly by Spain in Europe, in America, Africa, Asia and Oceania. It originated during the Age of Exploration and was therefore one of the first global empires. At the time of Habsburgs, Spain reached the peak of its world power....
resistance increased and the Marines required support from Cuban scouts.
Guantanamo Bay Naval Base
The Guantanamo Bay Naval BaseGuantanamo Bay Naval Base
Guantanamo Bay Naval Base is located on of land and water at Guantánamo Bay, Cuba which the United States leased for use as a coaling station following the Cuban-American Treaty of 1903. The base is located on the shore of Guantánamo Bay at the southeastern end of Cuba. It is the oldest overseas...
surrounds the southern portion of the bay. Since 2002, the base has included the detainment camp for captured alleged al-Qaeda
Al-Qaeda
Al-Qaeda is a global broad-based militant Islamist terrorist organization founded by Osama bin Laden sometime between August 1988 and late 1989. It operates as a network comprising both a multinational, stateless army and a radical Sunni Muslim movement calling for global Jihad...
personnel who have been, or may someday be, charged with terrorism
Terrorism
Terrorism is the systematic use of terror, especially as a means of coercion. In the international community, however, terrorism has no universally agreed, legally binding, criminal law definition...
, as well as those still deemed to be a risk to US national security. In 2009, U.S. President Barack Obama
Barack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...
gave orders for the detention camp to be closed by 22 January 2010. As of present day, the detention camp remains open.
The naval base, nicknamed "GTMO" or "Gitmo", covers 116 km² (about 45 square miles) on the western and eastern banks of the bay. It was established in 1898, when the United States took control of Cuba from Spain
Spain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
following the Spanish-American War
Spanish-American War
The Spanish–American War was a conflict in 1898 between Spain and the United States, effectively the result of American intervention in the ongoing Cuban War of Independence...
. A perpetual lease for the area around Guantánamo Bay was offered February 23, 1903, from Tomás Estrada Palma, the first President of Cuba. The newly formed American protectorate
Protectorate
In history, the term protectorate has two different meanings. In its earliest inception, which has been adopted by modern international law, it is an autonomous territory that is protected diplomatically or militarily against third parties by a stronger state or entity...
incorporated 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...
in the Cuban Constitution. The Cuban-American Treaty
Cuban-American Treaty
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...
held, among other things, that the United States, for the purposes of operating coaling and naval stations, has "complete jurisdiction and control" of the Guantánamo Bay, while the Republic of Cuba is recognized to retain ultimate sovereignty.
In 1934 the Avery Porko treaty reaffirming the lease granted Cuba and its trading partners free access through the bay, modified the lease payment from $2,000 in U.S. gold coins per year to the 1934 equivalent value of $4,085 in U.S. dollars, and made the lease permanent unless both governments agreed to break it or until the U.S. abandoned the base property.
After the Cuban Revolution
Cuban Revolution
The Cuban Revolution was an armed revolt by Fidel Castro's 26th of July Movement against the regime of Cuban dictator Fulgencio Batista between 1953 and 1959. Batista was finally ousted on 1 January 1959, and was replaced by a revolutionary government led by Castro...
, President Dwight Eisenhower insisted the status of the base remained unchanged, despite Fidel Castro
Fidel Castro
Fidel Alejandro Castro Ruz is a Cuban revolutionary and politician, having held the position of Prime Minister of Cuba from 1959 to 1976, and then President from 1976 to 2008. He also served as the First Secretary of the Communist Party of Cuba from the party's foundation in 1961 until 2011...
's objections. Since then, the Cuban government has cashed only one of the rent checks from the U.S. government, and even then only because of "confusion" in the early days of the leftist revolution, according to Castro. The remaining uncashed checks made out to "Treasurer General of the Republic" (a title that ceased to exist after the revolution) are kept in Castro's office stuffed into a desk drawer. The United States argues that the cashing of the single check signifies Havana's ratification of the lease — and that ratification by the new government renders moot any questions about violations of sovereignty and illegal military occupation.
Some have countered that the 1903 and 1934 lease agreements were imposed on Cuba under duress and are unequal treaties, no longer compatible with modern international law, and voidable ex nunc
Ex nunc
Ex nunc is a Latin phrase meaning from now on. Used as a legal term to signify that something is valid only for the future and not the past. The opposite is ex tunc....
pursuant to articles 60, 62, and 64 of the 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...
. However, Article 4 of the Vienna Convention on the Law of Treaties prohibits retroactive application of said Convention to extant treaties, such as the ones concluded between the US and Cuba in 1903 and 1934.
See also
- Guantánamo Bay detention camp
- Cuba-United States relationsCuba-United States relationsCuba and the United States of America have had an interest in one another since well before either of their independence movements. Plans for purchase of Cuba from the Spanish Empire were put forward at various times by United States...
- Platt AmendmentPlatt AmendmentThe 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...
: Document claimed to guarantee U.S. Navy lease in Cuba - Treaty of RelationsTreaty of RelationsThe Treaty of Relations was signed in 1934 between the United States of America and Cuba. It was part of the Good Neighbor Policy developed by Franklin Roosevelt. The treaty rejected the Platt Amendment of 1901 which claimed US right to intervene in Cuban affairs if it recognized a threat to...
- Unincorporated territory
- U.S. Territories
External links
- Read Congressional Research Service (CRS) Reports regarding Guantánamo Detainees
- U.S. Naval Station Guantanamo Bay — The United States' oldest overseas Naval Base
- Guantánamo: U.S. Black Hole
- All-Party Parliamentary Group on Guantanamo Bay (APPG-GB)
- Google Maps
- Camp Delta (detainee) Map
- U.S. Naval Base Guantanamo Bay Map
- Guantanamo Docket
- Human Rights First; In Pursuit of Justice: Prosecuting Terrorism Cases in the Federal Courts (2009)
