THE QUARANTINE OF CUBA IN INTERNATIONAL LAW

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP66B00403R000200170107-2
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 6
• Document Creation Date: December 16, 2016
• Document Release Date: January 3, 2005
• Sequence Number: 107
• Publication Date: February 19, 1964
• Content Type: OPEN

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-A7 P62 1 CONGRE5 SIONAL RECORD - APPENDIX Febmary
of peaceful coexistence with the slave
States. Slavery to the Republicans was in-
tolerable. We honeely believe that all men
were created equal and should therefore live
as equals with equal opportunity for all.
The speaker said that today that is one. of
the planks in the Republican platform and
always will be.
"If Lincoln were a:lve today, and saw our
world of chaotic division and subdivisions-
if he knew of the ultimate weapons we pos-
sess-he would be amazed at our blindness.
He would cry out. I am sure. 'If a nation
cannot so endure, how much less the
world?"''
Wn,soN felt Lincoln would recognize co-
existence as a stopgap measure and would
never have believed in it as a permanent
mode of international living. He would
have recognized it for the stopgap measure
that it is,., He would have known that It
was born of wishful thinking and-as a so-
lution to our present world problems as
phony as a three dolls bill.
The California Congressman warned his
listeners, "Every day that we have dealings
with the Communists and play along with
them we are increasing their strength, build-
ing their resources L)r the inevitable show-
down. We ire playing a game of global
poker today.
"Peaceful coexister-ce is just another word
for appeasement and you know where that
leads. It's peaceful coexistence Johnson
style when he gave the Kremlin a credit
card to purchase wheat for the Russians
and when we signed the nuclear test ban."
the speaker charged.
"We are practically at war with Russia.
It may be labeled as the 'cold war' but the
fact is that Red Russia's policy toward us
has not been altered a single degree--Russia
is waging war on u:s," asserted WILSON.
He paid high tribute to Representative
CLIFFORD G. McIrrrlaa, candidate for U.S.
Senator in the conning campaign against
Democratic Senator i naeuND S. MusKir., and
who jntroduced him Wednesday evening.
WILSON termed Mc:&c'rsRz "one of the finest
men who has ever o3me down to Washing-
ton," pointing to his sincerity, honesty, and
hard work.
Norman Minsky, of Bangor, presided at the
meeting and the invocation was given by
Dr. Frederick W, Whittaker. Both are mem-
The Quarantine of Cuba in International
Law
EXTENSION OF REMARKS,
or
HON. HUGH L. CAREY
OF N:3W YORK
IN THE HOUSE OF REPRESENTATIVES
Wednesday, February 19, 1964
Mr. CAREY. Mr. Speaker, the national
commander In chief of the Veterans of
Foreign Wars, Joiepb J. Lombardo, of
Brooklyn, N.Y., in a recent speech vig-
orously urged the establishment of a
naval patrol between Red Cuba and the
Panama Canal.
Explaining the VFW suggestion, Com-
mander Lombardo said:
It is abundantly evident that Communist
agitators were 'elitid much of the tragic
rioting against the U.S. zone in Panama.
On the basis of the past record of Red sub-
-version, it is merely realistic to expect that
there will be more Red effort to embarrass,
'weaken, and dislodge the United States from
control on our vital Panama Canal,
This is no spur-of-the-moment incident
and he United States must take positive
and effective measures for our own strategic
safet.. Therefore, our Government should
Ironic diately establish a naval patrol--a
quart ntine-between Castro's Cuba and the
Pana.,ea Canal area. The purpose of t]is
patro would be to prevent the further 'tx-
port -,f Red subversion, weapons, and props-
gand: from Cuba to Panama and all Ci n-
tral P merica.
It should be remembered that there is
much precedent from such a quarantine pa-
trol. One was established by President :31-
senhc wer during the Honduran crisis. Also,
Preskent Kennedy put elements of the 2d
Fleet between Cuba and the Dominican Ite-
publi , during the crisis resulting from the
areas:ination of Trujillo. In both instanles
a pus )ose was to prevent Cuban-based Com-
munl cis from exploiting the troubled areas.
If ouch action was justified then, and it c3r-
tainl} was, then a similar naval patrol be-
tween Red Cuba and the Panama area is fully
justif ed now. Such a patrol would In a
real tense be a quarantine, preventing com-
muni im from further poisoning our rela-
tions:iip with our longtime friends In Gm-
tral America.
Co Icluding, Commander Lombardo
said :
We had better let our friends, as well as
our e temles, know that we don't intend to be
Intimidated by the mobs, and we aren't iio-
tng ts- knuckle under to arrogant demands to
renegItlate our control of'the Panama Ca:ial
Zone. It we ever, agree to renegotiating our
auths city in the U.S. zone, then we will
have triggered a chain reaction of disaster,
and c ur base rights at Guantanamo Bay Still
be tle next Communist target for negotia-
tion.
Commander Lombardo's statement
gain= additional merit and force in view
of tt e timely article by Dr. Edward D.
Re. Chairman of the Foreign Claims
Settl:ment Commission of the United
Status in the January Air Force Juc6ge
Advocate General's bulletin. Dr. Re Ll a
profs ssor of law at St. John's University
School of Law and is currently on lei,ve
of absence. He received his B.S.---ctlm
laud' -and LL. B.--summa Cum laude}-
degr,'es from St. John's University, ]is
J.S,I,. degree from New York University.
He It vice chairman of the Section of In-
terni.tional and Comparative Law of the
American Bar Association. He is a men-
ber of the New York State bar, and holds
the lank of lieutenant colonel in the Ur
Forc : Reserve-JAG-International Af-
fairs Division-MOARS---01'JAG, Hei.d-
quar `Pers, USAF.
I would like to insert herewith in the
CON(RESSIONAL RECORD Dr. Re's excellent
analysis of the Cuba quarantine:
THE QVARANTiNR OF CUBA IN INTERNATIONAL
Law
(By Edward D. Re)
"T its urgent transformation of Cuba Iato
an lnsportant strategic base-by the press ice
of these large, long-range, and clearly of-
fansi ie weapons of sudden mass destruc-
tion- -constitutes an explicit threat to the
peacs and security of all the Americas in
flagn.nt and deliberate defiance of the Rio
Pact of 1947. the traditions of this Nation
and hemisphere. the joint resolution of
the I7th Congress. the Charter of the United
Natkats. and my own public warnings to the
8ovis ta.
"N 'ether the United Statese of America aor
the i'orld community of nations can tolei ate
deliberate deception and offensive thri ata
on tae part of any nation, large or small.
We no longer live in a world where only
the actual firing of weapons represents a
sumcient challenge to a nation's security
to constitute maximum peril. Nuclear weap-
ons are so destructive and ballistic missiles
are so swift that any substantially, in-
creased possibility of their use or any sud-
den change In their deployment may well
be regarded as a definite threat to peace.
"The 1930's taught us a clear lesson: Ag-
gressive conduct, if allowed to grow un-
checked and unchallenged, ultimately leads
to war. This Nation is opposed to war.
We are also true to our word.
"In the defense of our own security and
of the entire Western Hemisphere, and under
the authority entrusted to me by the Consti-
tution as endorsed by the resolution of
Congress, I have directed that the following
initial steps be taken immediately:
"First. To halt this offensive buildup, a
strict quarantine on all offensive military
equipment under shipment to Cuba is being
initiated. All ships of any kind bound for
Cuba from whatever nation or port will, if
found to contain cargoes of offensive weap-
ons, be turned back. This quarantine will
be extended. If needed, to other types of cargo
and carriers.
..Our goal is not the victory of might but
the vindication of right-not peace at the ex-
pense of freedom, but both peace and free-
dom, here in this hemisphere and, we hope,
around the world."
1. INTRODUCTION
In these stirring words, on October 22, 1962,
President John F. Kennedy announced to
the world the US. quarantine of Cuba.
With an already assured place in history, the
President of the United States, on that his-
toric day, thus revealed to a world explosive
with tension and fear, a new device of the
international legal order. Specifically aimed
against Cuba's definite threat to the peace,
and with a clear realization of the dreadful
risks, the United States embarked upon a
quarantine of Cuba.
In assessing the peril-infested times that
preceded and followed the President's historic
decision, future historians may well agree
that the quarantine of Cuba was the most
significant single event of this era. Fully
cognizant of the speed and destructive force
of nuclear weapons, that decision, by re-
affirming a free nation's love of freedom more
than peace, thereby preserved both peace and
freedom.
Indeed, much will be written concerning
the momentous decision of that fateful day.
Historians however objective, will empha-
size certain aspects of the event from the
viewpoint of their particular interest.
Whether viewed politically, philosophically
or militarily, all authors will have a great
deal to record for future generations.
To the lawyer, whose professional disci-
pline instinctively causes him to question the
legality of all human action, the foremost
question will concern the legal basis of the
quarantine. Indeed, it is a tribute to the
lawyer that he will permit his thoughts to
focus upon the lawfulness of the action--
even though his very survival might have
been In the balance.
There Is no doubt that much will be writ-
ten about the quarantine of Cuba. Many
phases of this emerging literature are al-
ready apparent to the legal scholar. For
the international lawyer, the questions will
be very specific and sharply defined. What
are the provisions of the Inter-American
Treaty of Reciprocal Assistance of 1947-the
Rio Pact-that authorized the announced
action? Are there provisions in the Charter
of the United Nations that have a bearing
upon the legality of that decision? Did
there exist generally accepted principles of
International law pertaining to a quarantine
of Cuba? What are the traditions of this Na-
tion and hemisphere, and on what pro-
mulgations are they based?
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CONGRE~ 5IONAL RECORD - APPENDIX February 19
port or, under certain circumstances, sunk.
Apart from the bards distinctions in con-
ception, motive and means of execution, it
may be readily seen that the principal dif-
ference between the two types of blockade is
to` be found in the rights and duties of
blockading states in relation to the ships of
third states, Although the area is by no
means completely se -Aled, under customary -
international law, a pacific blockade Is in-
applicable 'to vessels of a third state. A
belligerent blockade, on the other hand,
would also apply to the ships of neutrals
or other states.
(e) Other related a,,ts: Visit and search;
maritime sefxire and capture
Closely allied to the concept and pur
of belligerent and pt.ciflc blockade are cer-
tain other measures that have been exercised
by belligerents in wartime. Visit and search
Is the right of a belligerent to stop, visit,
and search a vessel to learn whether It is
connected with the :aostilities. Under cus-
tomary International law, the principal con-
dition of a legal visitation and search is that
It be executed with consideration and rea-
sonableness. Genera:ly. the vessel is ordered
to stop or lie to, or If. brought to. Innocent
vessels must be allowed to proceed, but If
there Is cause for capture, the vessel is seized
and sent to a prize court for adjudication.
Maritime seizure and capture of neutral
private vessels durlni: wartime may be justi-
fled on several grounds, including an attempt
to break a blockade, or "If the vessel Itself
may be contraband cr may be carrying con-
traband." I In such cases, the vessel is taken
to the nearest home port for adjudication by
a prize court.
Contraband in maritime law has been de-
fined as consisting of neutral goods for use
in war which have a belligerent destination.
Absolute contraband consists of goods solely
for use In war; conditional contraband in-
cludes goods which may be used either for
war or peace. Under the jpw of contraband.
neutral vessels carrying goods In violation of
law or treaty are subject to seizure.
While the legality of these various rights
and measures has always been the subject of
dispute, it is significant to observe that they
are firmly accepted in traditional interna-
tional law as inciden A of war. Furthermore,
there is a trend which favors the application
of these and other laws of war to an in-
creasing variety of situations which, al-
though hostile, do not constitute actual war.
The Cuban quarantine, as one of the most
severe measures yet Initiated in the cold war,
may indeed represent the latest evidence of
this trend.
(f) The quarantine of Cuba
The foregoing discussion has demonstrated
that customary international law on the sub-
ject of blockade andallied concepts Is rather
complex, if not Inconsistent and unrealistic.
Nevertheless, it may be seen readily that the
Cuban quarantine partakes of the elements
of both pacific and belligerent blockade. Al-
though the language proclaiming the quar-
antine (and in particular the language pre-
scribing the methods for its enforcement) is
couched In terms of the,belligerent blockade,
the quarantine was not a belligerent block-
ade. It was neither Intended, as an act of
war nor did it occur In wartim. Regardless
of one's view of the cold war and its severity.
It Is Impossible to agree with those who find
the cold war the necessary prerequisite ele-
ment of, war. In any event, it may be
pointed out that the blockaded country was
not prepared to rega-d the quarantine as an
act of war, While perhaps couched in the
terms of a belligerent blockade, and while
possessing some of its elements, particularly
In relation to vessels of third nations, the
quarantine was motivated throughout by a
pacifi.- intent, and fulfilled more closely the
oondi dons of a pacific blockade.
Some have assailed the quarantine as a
comp etc and drastic departure from tradi-
tional, International law and a violation of
the law of nations. As may be seen from'an
exam;nationof the international legal struc-
ture, . uch is not the case. Looked upon as a
whole. the quarantine is Indeed a new foal
of reprisal. Upon closer scrutiny, however,
it ma; be seen that each individual element
of the quarantine has precedent in customary
intent ational law. There are no new ele-
ment as such in the quarantine; rather, it
involt ed a novel combination of traditional
elements. A study of its proclamation, the
ample nenting orders of execution, its actual
opera don, motives, and all the surrounding
eirculastances. cannot but impress the stu-
dent iith the fact that the quarantine was
actua ly carefully modeled to fit into The
exist) ig international legal pattern-to m -
tend t and adapt it to a new situation with-
out impairing its fundamental precepts.
Thy flexibility and adaptability of Intir-
natio tai law, like any other area of law, is
maniset in the continued evolution of older
oonce?ts to meet the exigencies of a rapidly
advai ring world. Just as pacific blocks de
was ."n outgrowth of older principles, the
quart ntine was a newer form of reprisal. As
such, it has taken its place somewhere he-
tweer the classic forms of belligerent and
pacific blockade, although far closer to the
pacific blockade.
Let us proceed to Investigate the relation
of the quarantine to the right of national
and collective self-defense as reflected In
conve ntional International law.
TTrtt relation must be examined In light of
the p-ion acts of Cuba, the principles of self-
defer se. and the applicable hemispheric
treat' obligations. The stark reality of the
situation is set forth in the previously
quoted words of President Kennedy. The
speed of ballistic missiles and the destruc-
tive orce of nuclear weapons set the stage
for tie problems that face nations in the
20th -eittury. Could legal concepts such as
those surrounding the notion of blockade,
devel sped to cope with 19th century aspects
of ni val warfare, adequately meet the lm-
mine it problem that had to be solved?
IV. TIM QUARANTINE UNDER CONVENTIONAL
INTERNATIONAL LAW
713 framework of conventional interna-
tional law In which the legality of the (u-
ban luarantine must be Investigated crrn-
siats of the treaties and other internatio:aal
agreements to which the United States is
a party, including the Charter of the Uni ed
Natic na and the various regional organisa-
tions authorized and recognized by that
organ . It also includes other treaties to
whic'i the United States and Cuba are par-
ties. together with the various declarations
of in flviduai and collective national intent.
(a) Charter of the United Nations
Ths Charter of the United Nations.* on-
tered into as a binding treaty by the United
States, is part of the law of the land. Article
1(1) of the charter sets forth the purposes
of to 3 United Nations as follows:
"T.i maintain international peace Ind
security, and to that end: to take effective
collet tive measures for the prevention Ind
remo rat of threats to the peace, and for he
supp. ession of acts of aggression or otner
breaches of the peace, and to bring about by
peace ful means, and In conformity with the
principles of justice and International law,
adjw iment or settlement of international
diapt tea or situations whichmight lead to a
breach of the peace."
Article 2(3) provides that "All members
shall settle their international disputes by
peace lul means In such a manner that in-
ternational peace and security, and justice,
are i of endangered" This provision Is .sot
an absolute restriction against the use of
force. Although article 2(4) provides that
"All members shall refrain in their inter-
national relations fromthe threat or use of
force against the territorial integrity or
political Independence of any state, or in any
other manner inconsistent with the purposes
of the United Nations," the preamble of the
charter expressly provides for the use of
armed force "in the common interest."
Procedures for the pacific settlement of
international disputes are set forth at length
in the charter. Article 33(l), for instance,
provides that, "The parties to any dispute,
the continuance of which is likely to endan-
ger the maintenance of International peace
and security shall, first of all, seek a solution
by negotiation, inquiry, mediation, concilia-
tion, arbitration, judicial settlement, resort
to regional agencies or arrangements, or
other peaceful means of their own choice."
Article 35 provides that nations may bring
the dispute to the attention of the Security
Council or the General Assembly, and If this
means fails, they are obliged by article 37
to refer the dispute to the Security Council.
It Is interesting to note the various meas-
ures "not involving the use of armed force".
that may be employed by the Security Coun-
cil to enforce Its decisions. Article 41 pro-
vides that "These may Include complete or
partial interruption of economical relations
and of rail, sea. air, postal, telegraphic, radio.
.and other means of communication, and the
severance of diplomatic relations." If these
means prove inadequate, article 42 provides
that the Security Council "may take such
action by air, sea, or land forces, as may be
necessary to maintain or restore interna-
tional peace and security. Such action may
Include demonstrations, blockade, and other
operations by air. sea, or land forces of mem-
bers of the United Nations."
It may therefore be seen that blockade-by
the sea forces of a member nation is specifi-
cally provided for in the U.N. Charter as a
measure of enforcement by the Security
Council. This would indicate that the quar-
antine, as a means of enforcement, Is not
contrary to the spirit or terms of the charter.
In the course of events leading up to the
Cuban quarantine, it is often forgotten that'
the United States did attempt to follow the
procedures for pacific settlement outlined In
article 33. These efforts culminated in the
request by the United States for an emer-
gency session of the Security Council on
October 23, 1902. It is this final step, under
the prescribed United Nations procedure,
that has subjected the action of the United
States to the charge of illegality. Admit-
tedly, the quarantine was established by
Presidential proclamation on October 23, and
not by the Security Council. And by its
terms, it went Into effect the following day.
Hence, it is further pointed out that the
quarantine had already been announced
when the United States sought to comply
with article 37 In referring the dispute to
the Security Council 10
Although the United States had sought at
all stages to utilize the established U.N. pro-
cedure, Its recourse to the Security Council
chronologically came after the President's
message announcing the quarantine. In ad-
dition, the subsequent effective proclama-
tion was made by the United States, not the
U.N. Security Council. Were these actions
therefore violative of the U.N. Charter?
(b) National self-defense
The answer to the question is reasonably
to be found in article 51 of the U.N. Charter.
That article provides:
"Nothing in the present charter shall im-
pair the Inherent right of individual or col-
lective self-defense if an armed attack occurs
against a member of the United Nations,
until the Security Council has taken the
measures necessary to maintain interna-
tional peace and security. Measures taken
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---?--a------y or the integrity of shall meet immediately in order to agree on
Yiot exclujively dependent upon that article the territory or the sovereignty or political the measures which must be taken in case
for its Authority. Clearly, under a construe- independence of any American State should of aggression to assist the victim of the
timn that is meaningful and realistic Iii-the be affected by an armed attack or by an act aggression or, in any case, the measures
present posture of nuclear weapons and bal- of aggression that is not an armed attack, which should be taken for the common de-
listie missiles, one must conclude that the or by an extra-continental conflict, or by fense and for the maintenance of the peace
action of, the United States, was. a_lawful a conflict between two or more American and security of the continent."
ei[el'clse of the basic and inherent right of States, or by' any other fact or situation The similarity of this article to article 25
national self riefense? that might endanger the peace of America, of the OAS Charter should be noted. Of
While cpgent moral reasons lend support the American States, in furtherance of the particular importance is the fact that the
to the quarantine of Cuba, specifically it is principles of continental solidarity or col- concept of armed attack-the same as that
article 51 of the U.N.Charter which refutes lective self-defense, shall apply the meas- of article 51 of the U.N. Charter-is here
the charge of illegality. After a reading of ures and procedures established in the ape- Amplified and extended by definition to in-
Article 61, the specific charge must center cial treaties on the subject." elude "an agression which is not an armed
ato-Und the interpretation of the words These provisions Include not only the pro- attack, an extracontinental or intraconti-
"armed -Attack" l that.. article, since no cedures that had already been established in nental conflict or any other fact or situation
"armed attack" bad,been -launched against the Rio Treaty of 1947 and the declarations that might endanger the peace of America."
the United States. Can,.t#ese, words_be rea- that had been in effect among the American This extension, as variously modified in both
sonaly"interpreted to contemplate an actual, States for at least 20 years prior to the articles, indeed lends support to the more
physical, a_ rmed att-Ack _oniy? Such an inter- OAS Charter, but also the later resolutions realistic interpretation of the same words
pretation would seen},tp.be divorced-from the of Caracas and Punta del Este which in article 51 of the U.N. Charter,
grim realities of modpl'rr warfare-and cannot brought the international Communist con- The agreements and declarations of soli-
possibly prevail in the 2Qth, century. In spiracy within the ambit of article 25. darity of the American States did not end
an era Of, imminent and mniedlate mass de- (d) Collective self-defense; other treaties and with the Rio Treaty of 1947 or the Charter
structi0 literal adherence to. theCOncept of declarations; the Rio Treaty of 1947 of the OAS in 1948. In Caracas, in 1954,x4
actual armed attaeic 1~ illdeh d a ,hollow, ar- The OAS Charter, signed in 1948, was the the 10th Inter-American Conference of
gument. ational, g&ix-defe e,to retain any culmination of at least 20 years of agree- American Republics condemned the Com-
se,mhlance of j ipabing and effectiveness ments, declarations, and resolutions among munist movement "as constituting inter-
must because o> mQ,iler74araments, be rea- the American States concerning their mutual vention in American affairs," expressed "the
sona~ly anticipatory in nature. This inter- and collective self-defense of the Western determination of the American States to take the tiiesa based auponrmed att reas k, a as, inclanti~~ ameaB tor- Hemisheremany of which are legally ical Independ nce against thecint rvention
p y binding obligations on the United States and of international communism, acting in the
self defense is clearly consistent with the Cuba. In the Declaration of Lima of 1938,12 teality of the situation- 1t is not -remiss to for instance, these states had expressed their interests of an alien despotism," and declared
point out that-It possesses the advantage of "determination to make effective. their soli- that the "domination or control of the po-
preserving the peace by not allowing ag- darity" when "the peace, security, or ter- tlitica he il institutions of any American State by
gressive conduct to grow unchecked and un- ritorfal integrity of any American Republic the nternational Communist movement, cal
ohailenged._ is thus threatened by acts of any nature tending to this hemisphere the political
(c) Collective self-defense _ regional agencies J hat may impair them." system of an extracontinental power, would
Within the framework of, the U.N. Charter, Again, in the Declaration of Panama of political a Independence ethe sthe A ereiAme and
the quarantine is_npt,olily a proper exer- 1939113 the American States asserted their States, peace t mercan
else of the right of national, -self-defense rights of collective security and self-defense , endangering the pof America,
recognized by article 51, but Is also con- over large segments of the oceans surround- and would call for a meeting oa consulate
sistent with the, alms anti ideals.pf.._the U.N. Ing North and South America. tion to consider the adoption of appropriate
Its legality, however, also rests upon the pre- In the act of Habana of 1940,14 it was action in accordance with existing treaties."
cepts of collective? se1S-defense as expressly specifically provided that "any attempts on Similarly, the foreign ministers of the
the
recognized by the U.N. Charter. Article 52 the part of anon-American State against American Republics met at Punta del Este,
small emen ts for a en les t for e dealing "regional the Integrity sovereignty inviolability of the territory, again the threat of the spread of Communist
g $ g with y the political independence ideals and conduct in Cuba. As a result, the
s1.wh hatters- relating to the maintenance of an American State will be considered as
of international peace and security as are an act of aggression against the states which Organ of Consultation of the OAS excluded
by members i rcls this right of American Treaty of Reciprocal Assistance; order to deal with threats of aggression
selfe#o Immediately reported i.e., the Rio Treaty of 1947. against any of them."
l Council and slia]l not in any Chapter V of the OAS Charter summarizes, - The provisions of article 6 of the Rio Treaty
v9 eqihe zutl Q y and responsibility by a treaty provision, the inter-American are extremely significant. This article pro-
-la Sircl #.V Council under_the present system of collective self-defense. Article 24 vides as follows:
charter tp take at .uy time such action as of that charter provides: "If the inviolability or the integrity of the
it f~oe1} gQcs yin order to-maintaln or "Every act of aggression by a State against territory or the sovereignty or political inde-
i'estOre I>rnationai peace and security." the territorial integrity or the inviolability pendence of any,American State should be
It should be noted that the right of self- of the territory or against the sovereignty affected by an aggression which is not an
defense is an integral part of international or political independence of an American armed attack or by an extracontinental or
law and, is sllu,ply reflected and codified in State shall be considered an act of aggres- intracontinental conflict, or by any other
article 51,Of t1?e charter -Its.exercise, there- sion against the other American States." fact or situation that might endanger the
fore, WThile legally conforming to the pro-. Chanter V further ?rn.,i.ae- a.......,-,_
X96 -CONGRESSIONAL RECORD - APPENDI
A765
tivities are,cpnsistent with.the -? purposes and act follows:
of Chapultepec of 19461? This act fur-
-principles of the Unitesi Natigps ther recommended,theframing of a postwar "1. That adherence by any member of the
Organization of American States to Marx-
Such a regional, organization is the- Or- treaty to deal with the problems of threats
ganization of American Statea(OAS) which or acts of aggression against any American Aismm-Leninism is incompatible with the inter-
`is recognized by the United Nations as com- Republic and the provision of corrective government y an system she the unit b of br e w s
ing within Article..,52(1) to the on Charter. to measures, including the use of armed force the u t a with the Communst bloc breaks U.N Like the Charter of 1) of tied Nations, the prevent or repel aggression. The act of "2. Th
,
the . Thaat and the p p resenresen t ity of the Government nt ofCuba hera
Like t of har OPTS xl h a treaty Natio s, the Chapultepec eventually led to the signing of el
,
`bother of .and the Unitedaty w Indeed, the Inter-American Treaty of Reciprocal which has officially in,ied itself as a
the C ubter? df the OAS- reflects the red, Assistance of 1947-the Rio Treaty.1e Marvist-Leninist governmentent, is incompati-
ste and objectives ives of of the
Charter rt a. considerable degree, Article 16 The preamble of this treaty states that "the Inble twith e principles
of the OAS Charter denieg the right 1 of obligation of mutual assistance and common inter-Ameri rican s system.
intervention, and art, e...i7 he rigs the defense of the American Republics is essen- "3. That this incompatibility excludes the
customary i -ar d arinal law rule that the tially related to their democratic Ideals and present Government of Cuba from partfci-
custoa yf estate is. inviolable. Ahhat 19 e to their will to cooperate permanently in the pation in the inter-American system,
however, provideaSpeciflcaliy that "Measures fulfillment of the principles and purposes "4. That the Council of the Organization
hove ed for the maintenance of peace and of a policy of peace." of American States and the other organs and
security in accordance with offing teaans The preamble further provides that the organizations of the inter-American system
se not c n accor a _u. violation of tht piles American States: adopt without delay the measures necessary
doles set forth to articlla 15 ao the The "Have resolved, in conformity with the to arry out this resolution."
OAS IQ a,r.,tf9rth In articles and implem he objectives stated above, to conclude the fol- It was pursuant to article 2b of the OAS
other existing treaties including the Inter- lowing treaty, in order to assure peace, Charter and article 6 of the Rio Treaty that,
through adequate means, to provide for effec- on October 23, 1962, the Council of the Or-
FoO tnptt e d of, a eech. -tive reciprocal assistance to meet armed ganization of American States met in its
p atta.cks against
Approved For Release 2005/01/27 CIA-RDP66B00403R00020017Q107-2