Degrading torture, remain detained without legal sanction, and the conversion of the enclave own camp in the most vulgar Nazi style, violate international law and open paths toward a legal solution to the intricacies of the agreement early last century.
A nascent Cuban government amid the US military occupation, under the imposition of the Platt Amendment -Appendix of the Constitution as a basic requirement to withdraw the invading troops, “granted” to the US the BNG.
Today the Cuban people and its legal community agree on the need to end so great affront, but is there any legal mechanism to reverse the monster?
According to lawyers and Alexander Martinez Castellanos Castellanos Lilisbey Franqui, in international law there is a rebus sic stantibus clause concerning a principle of law, which allows to modify any substantial alteration of the original contract.
This provision endorses the review of contracts and provides its expiration if either party commits onerous actions that break the spirit of the agreement, experts said, Obama also study authors. Satntibus sic rebut the Guantanamo Naval Base.
However, beyond the violation itself what hit it, this territory should be returned because their occupation undermines the sovereignty of the island.
The United States imposed the agreement of the BNG in a time when most of the Antilles was born as a republic, and the application of the rebus sic stantibus restore “the balance of the originally agreed benefits when an extraordinary alteration generates its original compliance is unfair.
At first glance it can be seen that there is no reason or legal, historical and grant the White House the jurisdiction of a portion of Cuban soil to turn it into a genocidal affront to the peoples of the world.
Those are the reasons Cuba attending to claim in few stands to allow the return of something that is yours.
Translated by: Daysi Olano Fernandez
