Cuban Government: Violating International Law?

The Cuban government has been accused of breaking international law, with the United States imposing a long-standing embargo on the country. The US has also listed Cuba as a state sponsor of terrorism, a designation that was lifted by the Biden administration in 2025, only to be reinstated by the Trump administration in the same year. The embargo has been criticised for its negative impact on the Cuban population, with shortages of food, fuel, electricity, and medical supplies. Cuba has also been accused of human rights violations, including arbitrary killings, torture, and cruel and inhuman treatment of prisoners. The country's LGBTQ+ community, women, and Afro-Cubans have been disproportionately affected by these abuses. In 2024, an international tribunal found that the US blockade of Cuba violated international law and universal norms for peaceful coexistence.

The US embargo against Cuba is the most enduring trade embargo in modern history

In 1962, President John F. Kennedy expanded the embargo to include all exports to Cuba, except food and medicine, in response to Cuba holding nuclear missiles for the Soviet Union during the Cuban Missile Crisis. This embargo has been enforced through various acts, including the Trading with the Enemy Act of 1917, the Foreign Assistance Act of 1961, and the Cuban Assets Control Regulations of 1963.

The embargo has had a significant impact on the Cuban economy, with a 2021 estimate by the Cuban government finding that it has cost the country close to $144 billion. It has also affected the Cuban people's access to food, medicine, and medical equipment, contributing to humanitarian crises on the island. Despite criticism and calls for its end, the embargo remains in place, with the US citing Cuba's human rights violations as justification.

The embargo has been a point of contention between the two countries, with Cuba referring to it as 'el bloqueo' (the blockade). While the US has attempted to justify the embargo as a response to Cuba's human rights violations and the nationalisation of US-owned property, critics argue that it has been ineffective in achieving its stated goals and has only served to harm the Cuban people.

Over the years, there have been attempts to ease the embargo and normalise relations between the US and Cuba, particularly during the Obama administration. However, these efforts have been met with resistance and have not led to a permanent lifting of the embargo. The embargo continues to be a contentious issue, with the Biden administration facing pressure to address the humanitarian impact on Cuba.

The Cuban government's nationalisation of US-owned property is the largest uncompensated taking of American property by a foreign government in history

The Cuban government's nationalisation of US-owned property in 1960 is considered the largest uncompensated taking of American property by a foreign government in history. The US-Cuban conflict over nationalised properties is part of a broader, historical conflict between global powers and the Third World.

In 1955, leaders of 23 newly independent Asian and African nations met in Bandung, Indonesia, to restructure the global economic patterns established during European colonial domination. They advocated for economic cooperation among the newly independent nations. Cuba was among the founders of the Non-Aligned Movement, which was established in 1961 in Belgrade, Yugoslavia. The movement drew from the principles of the UN Charter, including the equal rights and self-determination of peoples, and the sovereign equality of all nations.

In Cuba, the political, economic, and social situation in 1959 demanded that the Revolutionary Government exercise its right to nationalise. More than half of the agricultural land was in foreign hands, and 85% of peasants worked land they did not own. The Agrarian Reform Law was passed by the Revolutionary Government on May 17, 1959, setting the maximum quantity of land per proprietor at 406 hectares. It also established payment in the form of "Agrarian Reform Bonds", which were to be redeemed in 20 years.

In response to the Agrarian Reform Law, the US government launched an ideological campaign against the Cuban Revolutionary Government, invoking the spectre of communism. The Eisenhower Administration initiated the planning of a US-backed military invasion by Cuban counter-revolutionaries based in Miami. The US Congress authorised the President to amend the US-Cuba sugar quota, and President Eisenhower reduced US sugar purchases, seeking to provoke economic difficulties in Cuba.

In June 1960, the Eisenhower Administration refused to export oil to Cuba, leaving the country reliant on Soviet crude oil. Cuba and the Soviet Union signed a trade agreement, which the US viewed as a provocation. Esso, Texaco, and Shell were urged by the US to refuse to process Soviet crude in their Havana and Santiago de Cuba refineries. In response, Cuba confiscated the refineries on June 29 and July 1, 1960. The US retaliated by cancelling its quota of sugar purchases from Cuba.

On August 30, 1960, the Cuban government nationalised the three American-owned oil refineries, as well as the Cuban Telephone Company, and 36 sugar mills. This prompted the Eisenhower Administration to launch a trade embargo, prohibiting the sale of all products to Cuba except food and medicine. In October 1960, the Cuban government responded by nationalising all American businesses and most American privately-owned properties on the island.

The Cuban government's nationalisation laws required the government to compensate the owners of seized property, but compensation was to be made in Cuban bonds, which the American authorities rejected. Payments were to be made from the sale of Cuban sugar to the US, but the US had just cancelled its purchases of Cuban sugar. As a result, no compensation was paid.

The Cuban government has been accused of unlawful or arbitrary killings, torture, and cruel, inhuman, and degrading treatment of political dissidents, detainees, and prisoners

Cuba has been accused of unlawful or arbitrary killings, torture, and cruel, inhuman, and degrading treatment of political dissidents, detainees, and prisoners. There have been several reports of the Cuban government committing arbitrary or unlawful killings, including extrajudicial killings. For example, on February 23rd, Sergio Pozo Hernández died after being beaten by a police officer, and in October 2022, Euxdyn Yoel Urgelles Huete died after being arrested and beaten by police. The Cuban government has also been accused of using excessive force against protesters, such as in Caimanera in May 2022, where law enforcement officials used physical violence and arbitrarily detained demonstrators.

Cuba has also been accused of torture and cruel, inhuman, and degrading treatment of political dissidents, detainees, and prisoners. Members of the security forces have reportedly harassed, intimidated, and physically assaulted human rights and pro-democracy advocates, with impunity. Some detainees and prisoners have faced physical abuse and threats of sexual abuse by prison officials or other inmates, and aggressive and abusive tactics have been used during interrogations. In May 2022, the Spain-based NGO Cuban Prisoners Defenders presented a report documenting 101 cases of torture of prisoners in the country, identifying 15 patterns of mistreatment, including deprivation of medical care, forced labor, solitary confinement, and physical aggressions.

The Cuban government has also been criticized for harsh and life-threatening prison conditions, arbitrary arrests and detentions, and the denial of fair public trials. Prison cells are reportedly overcrowded, with inadequate water, sanitation, light, ventilation, and temperature control. There have also been reports of assault by prison officials, extended solitary confinement, and denial of medical care. Furthermore, the Cuban government has been accused of arbitrarily arresting and detaining activists, dissidents, and their relatives, and denying them the right to a fair trial.

The Cuban government has been accused of violating freedom of expression, assembly, and association

Cuba is an authoritarian state with a one-party system, where the Communist Party of Cuba is the only legal political party. The 2019 Constitution of Cuba codifies the one-party system, and the Communist Party is described as the "superior driving force of the society and the state".

The report further highlights the government's intolerance of dissent, with harassment, intimidation, and physical assault of human rights and pro-democracy advocates, political dissidents, and peaceful demonstrators. The Cuban government also restricted the freedom of assembly by requiring citizens to request authorization for organized meetings of three or more persons, with a penalty of up to six months in prison and a fine for failure to do so. The government routinely denied freedom of association to citizens and did not recognize independent associations.

Amnesty International has also expressed concerns about the restrictions imposed on the rights to freedom of expression and assembly in Cuba, which limit the ability of Cuban citizens to seek, impart, and receive information from independent sources. They have also raised grave concerns about the increased use of arbitrary detention and harassment of those expressing views contrary to those of the government.

The Cuban government has been accused of restricting freedom of movement and the right to leave the country

The Cuban government has been accused of imposing arbitrary restrictions on its citizens' freedom of movement within the country. According to the US State Department, the Cuban government controls internal migration from rural areas to Havana and has been known to arrest and expel individuals who do not have the proper residential permits. These policies disproportionately affect Afro-Cubans, who are often unable to obtain the necessary permits to reside in the capital.

The Cuban government also restricts the right of its citizens to leave the country. According to the US State Department, the law in Cuba restricts the right of citizens to depart the country, with potential punishments including imprisonment or fines. The government also requires certain categories of individuals, such as medical personnel and government officials, to obtain special permission to emigrate. Additionally, the government has been known to arbitrarily designate certain individuals as "regulados," meaning they are prohibited from receiving a passport or leaving the country. This tactic has reportedly been used against human rights activists, religious leaders, independent journalists, and artists who are critical of the government.

The restrictions on freedom of movement and the right to leave are part of a broader pattern of human rights abuses in Cuba. According to Amnesty International, the country lacks a national human rights institution and remains closed to international human rights organizations. Repression of dissent is widespread, with activists, political opponents, and journalists facing harassment, persecution, and imprisonment. In addition, Cuba has been criticized for its economic policies, which have led to shortages of essential goods, fuel, and electricity. The country has also been accused of discrimination against Afro-descendants, women, girls, LGBTI people, political dissidents, and members of religious communities.

The US has imposed economic sanctions on Cuba since 1958, which have contributed to the country's economic struggles. However, critics argue that these sanctions have harmed the Cuban people without successfully bringing about political change.

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