As has been discussed in this blog, the U.S. has a long history of identifying Cuba as a “state sponsor of terrorism” except for the two-plus years that President Obama cancelled that designation, while Cuba has objected to that designation by the U.S. And this blog repeatedly also has objected to this U.S. designation.[1]
Recently there have been two additional competing exchanges by the two countries on the subject of terrorism that are discussed below: (1) U.N. officials arguing against the practice of one state’s identifying other states as sponsors of terrorism and (2) Cuba’s identifying certain Cubans living in the U.S. as terrorists.
U.N. Officials’ Criticism of States Listing Other States as Sponsors of Terrorism[2]
On February 8, 2024, a group of U.N.human rights officials urged the U.S. to review its legal framework that triggers specific sanctions against Cuba and other regimes that the U.S. has designated as state sponsors of terrorism.
This U.N. group said, “The unilateral designation itself runs counter to the fundamental principles of international law, including the principle of sovereign equality of States, the prohibition of intervention in the internal affairs of States and the principle of peaceful settlement of international disputes.”
According to this group, “Fundamental human rights, including the right to food, the right to health, the right to education, economic and social rights, the right to life and the right to development, are negatively affected by restrictions and ‘additional bans triggered’ by such designations.”
This group also asserted that “the designation especially affects countries already subject to other unilateral coercive measures and has potential catastrophic repercussions in the humanitarian and human rights spheres.”
This group’s members are Alena Douhan, special rapporteur on the negative impact of unilateral coercive measures on the enjoyment of human rights; Michael Fakhri, special rapporteur on the right to food; Attiya Waris, independent expert on external debt, other international financial obligations and human rights; Cecilia M. Bailliet, independent expert on human rights and international solidarity, and Livingstone Sewanyana, independent expert on promoting a democratic and equitable international order.
As a retired attorney who for a number of years has attempted to provide diligent research on international human rights issues, especially as they involve Cuba, this blogger has never seen any source that corroborates the contention that international law forbids states from designating other states as sponsors of terrorism.
Are Some Cubans in U.S. “Terrorists”?[3]
Last December, the Cuban government published in its Official Gazette a ” national list of terrorists,” which included Cuban exiles living in the U.S. who were well-known Miami-based Cuban activists, media personalities and influencers critical of the Cuban government.
At the same time, Foreign Minister Bruno Rodriguez accused the Biden administration of being ‘complicit in giving shelter, supporting and protecting’ these people,” who
“have been subjected to criminal investigations and are wanted by the Cuban authorities, based on their involvement in the promotion, planning, organization, financing, support or commission of acts carried out in the national territory or in other countries, based on acts of terrorism.”
That same month Granma, the Communist Party daily newspaper, accused the U.S. State Department and intelligence agencies of plotting violent acts against Cuba.
A U.S. State Department official responded, “We are aware of the list released by the Cuban government. Allegations that the United States is encouraging violent actions against the Cuban government are absurd.” The list produced by Cuba and the recent allegations are “the newest iteration of Cuban authorities’ efforts to belittle emigrants exercising their freedom of expression, including their freedom to criticize Cuba’s abysmal human rights record and relentless repression.” This U.S. official also said, “Establishing and increasing channels for law enforcement cooperation to address transnational threats also enhances U.S. advocacy for human rights. The United States integrates advocacy for human rights and human rights protections into all interactions with the Cuban government.” For example, the U.S. is “focused on urging the Cuban government to release the approximately 1,000 unjustly detained political prisoners it holds and to allow its citizens to exercise the full range of human rights as outlined in the Universal Declaration of Human Rights, which Cuba signed.”
U.S.-Cuba Law Enforcement Meeting[4]
On February 7, 2024, U.S. and Cuban officials met in Washington, D.C. to discuss law enforcement within the framework of their Law Enforcement Dialogue, which, the U.S. says, “enhances U.S. national security through better coordination, allowing the U.S. to better protect U.S. citizens and bring criminals to justice” and “enhances the defense of human rights by the [U.S.]” The U.S. “integrates the defense of human rights and the protection of human rights in all interactions with the Cuban Government.”
After this meeting, Cuba said it had “conveyed information and cooperation proposals to the US side regarding the activities of people living in the United States, identified by their links to terrorism, illegal human trafficking and other illicit activities.” The U.S., however, said these allegations were “absurd.”
======================
[1] E.g., U.S. Senators and Representatives Demand Ending of U.S. Designation of Cuba as State Sponsor of Terrorism (Jan. 12, 2024); COMMENT: Another Congressman Calls for Ending Cuba as State Sponsor of Terrorism (Jan. 13, 2024). See also the following sections of List of Posts to dwkcommentaries—Topical CUBA [as of 5/4/20]: U.S/ (Obama) & Cuba (Normalization), 2014; U.S. (Obama) & Cuba (Normalization), 2015; U.S.(Obama) & Cuba (Normalization), 2016; U.S.(Obama) & Cuba (Normalization), 2017.
[2] Sponsors undermines human rights, experts warn, UN News (Feb. 8, 2024); U.S. unilateral list of terrorism sponsors undermines human rights, experts warn, UN News (Feb. 8, 2024); Sanctioning countries for “terrorism” goes against international law, Granma (Feb. 8, 2024); Cuba Ministry of Foreign Affairs, United States: Unilateral designation of states as sponsors of terrorism negatively affects human rights, UN experts warn (Feb. 8, 2024).
[3] Bruno Rodriguez raises the tone and calls the US ‘accomplices of terrorism’ against the Cuban regime, Diario de Cuba Dec. 15, 2023); Is the UN going to end up endorsing the Cuban regime’s ‘list of terrorists’?, Diario de Cuba (Jan. 4, 2024); Havana gives the US its list of suspected terrorists, in a brief meeting in Washington, Diario de Cuba (Feb. 7, 2024); The US calls the accusations that it encourages violent actions against Havana ‘absurd,’ Diario de Cuba (Feb. 9, 2024); Torres, Biden administration refutes Cuba’s claim that the U.S. ‘supports’ Miami ‘terrorists, Miami Herald (Feb. 9, 2024).
[4] U.S.-Cuba Law Enforcement Dialogue, U.S. Dep’t of State (Feb. 7, 2024); Havana gives the US its list of suspected terrorists, in a brief meeting in Washington, Diario de Cuba (Feb.7, 2024)