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Since the Cuban Revolution, the government under Fidel Castro has cashed only one of the rent checks from the US government.
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Obviously, the government wants out of this 'treaty'... (refusing to cash checks)
Best summed up here...
Cuba Solidarity Campaign : Cuba Si : US occupation of Guantanamo Bay is illegal, says top lawyer
1) The treaty was imposed by force.
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The US administration made it clear that there would be no Cuban constitution unless it included an appendix, known as the “Platt amendment” which demanded the right for US military intervention in Cuba and a naval base. Initially rejected in Cuba, the Platt amendment had also been unpopular in the US Senate, described by one Senator as an “ultimatum to Cuba”, the Cuban government had no other choice but to yield to US pressure and agree to the lease if they wished to have any form of independence.
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2) The treaty while binding in 1903, is illegal in the post-colonial age'.
3) The terms of the lease have been broken.
4) The treaty breaks the rules of sovereignty.
Thats how I understand the situation....
But, I guess, only international lawyers could debate intelligently if it is technically legal or not.
Bottom line is... *it is* being used to skirt our constitution. Despite points of law - its not what many (if not most) americans proudly stand for in principal.