U.s. Agreement To Abandon The American Base At Guantanamo

The country on which the base is located was leased by Cuba to the United States in 1903. The history of the territories leased between states shows that the restoration of control by the host state when a lease is terminated leads the host state to resume the exercise of its sovereign authority, including jurisdiction, over everything and anyone who is physically in the territory at the time of the surrender. Parties to a territorial lease sometimes exclude “termination agreements” relating to practical issues or other conditions related to the transfer of control50, which may affect the legal treatment of persons in the territory, including those detained. This .B in the run-up to the expiry of the UK lease in Hong Kong by China in 1997. More than a decade earlier, the parties agreed that Hong Kong`s existing laws would last 50 years after China regained control.51 In practice, this meant that people who were in prison at the time of the transfer of control were subject to Chinese jurisdiction, but did not immediately change their situation significantly. The contractual provisions on Pines Island established in the 1903 Treaty and the separate 1925 Treaty, ratified in 1925, have no bearing on the status of the Guantanamo base. The latter contract simply stipulated that the transfer of Pines Island in relation to “subsidies from coal and sea stations… (i.e. Guantanamo). U.S. rights on the ground were determined by the terms of these subsidies and are not affected by any political connection to the transfer of Pines Island. In the last quarter of the 20th century, the base was used to house Cuban and Haitian refugees intercepted on the high seas.

In the early 1990s, she arrested refugees who fled Haiti after the armed forces overthrew President Jean-Bertrand Aristide. The refugees were detained in a detention area called Camp Bulkeley until the Sterling Johnson Jr. District Court Judge declared the camp unconstitutional on June 8, 1993. That decision was later overturned.