The United States has unilaterally indicted former Cuban President Raúl Castro for the 1996 shootdown of two civilian aircraft by the Cuban air force, an incident that killed four US-based exiles. The charges, filed in a Washington D.C. federal court, accuse Castro of murder, air piracy, and destruction of aircraft. Legal experts in Britain have reacted with caution, noting that the US lacks jurisdiction under international law and urging the case be referred to the International Criminal Court instead.
In 1996, Cuban MiG fighters downed two Cessna planes operated by the exile group Brothers to the Rescue. The Clinton administration condemned the attack, and the UN Security Council imposed sanctions. But no US court had previously moved to prosecute Castro, now 93, who has been beyond the reach of American law.
“This is a highly politicised move,” said Dr. Eleanor Shaw, professor of international law at the London School of Economics. “The US has no criminal jurisdiction over a foreign head of state for actions taken in his official capacity. The ICC would be the proper venue, but the US is not a member.” She added that the indictment could constitute a form of “lawfare” against the Cuban government.
Human rights groups welcomed the focus on accountability but expressed scepticism about the US motives. “The families of the victims have waited 28 years for justice,” said Mark Thomas of Amnesty International UK. “But the US must work through multilateral institutions, not act as global prosecutor.” The Cuban government dismissed the charges as “ridiculous and baseless,” accusing Washington of seeking to distract from its own human rights record.
Downing Street declined to comment on the indictment, but the Foreign Office is reportedly reviewing the implications for UK-Cuba relations. Labour MP Clive Lewis called for the UK to support an ICC referral. “If we are serious about international justice, we cannot cherry-pick which crimes matter,” he said.
Critics argue the charges are unlikely to lead to a trial, as Cuba does not extradite its citizens to the US. But the indictment could complicate any future US-Cuba rapprochement and embolden hardliners in Miami. For now, the families of the victims are left waiting, caught between geopolitics and a long-deferred demand for justice.
