US sanctions to hurt Cubans violate Geneva Conventions

In the last year there have been a record number of legislative efforts to block military actions, threatened or carried out by the Trump administration, that are seen as illegal or unconstitutional.

- Mark Weisbrot, Tribune News Service

Donald Trump

This has included President Donald Trump's decision to go to war against Iran. Some of these efforts in Congress led to close votes in the House and Senate. Now we have legislation introduced in the Senate to “direct the removal of United States Armed Forces from hostilities within or against the Republic of Cuba that have not been authorized by Congress.” It was introduced March 12 by three Democratic senators, and the same legislation was introduced in the House March 24 by Rep. Nydia Velazquez, D-N.Y.

The hostilities refer to the US blockade that is currently keeping most oil away from Cuba, as the legislation explains. The main argument is that US military participation in this blockade is unconstitutional unless it is approved by Congress. This is similar to the constitutional argument in other war powers resolutions. But the US blockade of Cuba, combined with the sanctions that it is enforcing, raise additional issues that can be even more damning.

The US government is directly engaged in collective punishment of the population of Cuba, which is well-documented. Collective punishment of civilians, when it takes place during armed conflict, is a violation of the Fourth Geneva Convention. It can be punishable as a war crime. The Geneva Conventions are among the most widely accepted bodies of international law, adopted by all countries.