THE QUARANTINE OF CUBA IN INTERNATIONAL LAW

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February 19, 1964
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Approved For I telease 2005/01/27 : CIA-RDP66B00403R000200170107-2 -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? Approved For Release 2005/01/27 : CIA-RDP66B00403R000200170107-2 A764 0^ '0 Approved For Release 2005/01/27 : CIA-RDP66B00403R000200170107-2 , 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 Approved For Release 2005/01/27 : CIA-RDP66B00403R000200170107-2 pproved For Relea2005/01/27 CIA-RDP66B00403R000170107-2 ---?--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