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The United States assumed territorial control over Guantánamo Bay under the 1903 Cuban-American Treaty, which granted the United States a perpetual lease of the area without the Cuban Government reacting. The current Cuban government considers the U.S. presence in Guantánamo to be illegal, arguing that the Cuban-American Treaty violates Article 52 of the 1969 Vienna Convention on the Law of Treaties, which declares a treaty void if its conclusion has been procured by the threat or use of force in violation of international law. Article 4 of the same document, however, states that Vienna Convention on the Law of Treaties shall not be retroactively applied to any treaties made before itself.

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∙ 18y ago

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