
The International Criminal Court’s Potential Role in Cuba
The International Criminal Court (ICC) investigates serious violations of international law, but its jurisdiction is limited, particularly in Cuba, as the country is not a party to the Rome Statute. Consequently, the ICC cannot automatically prosecute crimes committed in Cuba or by Cuban nationals unless the government accedes to the Rome Statute or accepts the court’s jurisdiction through a special declaration. Cuban individuals and groups have filed complaints highlighting severe human rights violations by the state, including allegations of exploitation of medical professionals during overseas missions, forced labor, arbitrary detention, political persecution, and repression of dissent. Reports detail harsh treatment of political prisoners, including inhumane detention conditions and lack of due process. The general population faces significant suffering due to arbitrary arrests, unjust trials, food and medicine shortages, and a censored media environment. For the ICC to act, the Cuban government must take legal steps, either by ratifying the Rome Statute or submitting a declaration. Therefore, it is crucial for Cuban citizens, human rights defenders, and civil society organizations to advocate for ICC jurisdiction, thereby fostering accountability and supporting victims’ rights in a struggle for transparency and the rule of law.

Sanctions Imposed by the Trump Administration on Cuba
The Trump administration significantly escalated sanctions on Cuba, reversing the normalization efforts of the Obama era. Key measures included redesignating Cuba as a “state sponsor of terrorism” in January 2021, which imposed additional restrictions like prohibitions on defense exports, limitations on financial transactions, and strict travel bans. Notably, individual travel categories were largely eliminated, cruise visits were suspended, and remittance caps imposed, impacting the financial support Cuban Americans could provide to their families. The administration invoked several justifications for these actions, alleging Cuba's support for international terrorism and destabilizing practices in the region. Allegations included harboring U.S. fugitives, refusing to extradite Colombian guerrillas, and aiding Nicolás Maduro's regime in Venezuela. However, the administration failed to provide concrete evidence to substantiate these claims, raising skepticism among international allies and experts. Most notably, accusations regarding Cuba's involvement in the "Havana Syndrome" lacked scientific validation. The sanctions, viewed as a penalty, highlight the principle that such measures should be grounded in proven wrongdoing, urging that evidence should underpin any punitive action.

The Nature and Purpose of the International Criminal Court (ICC)
The International Criminal Court (ICC) is the first permanent global court dedicated to prosecuting individuals for serious international crimes, including genocide, crimes against humanity, war crimes, and, since 2018, the crime of aggression. Established under the Rome Statute in 1998, the ICC operates from The Hague, Netherlands, aiming to hold accountable those responsible for atrocities, especially when national systems fail to act. It complements national jurisdictions and functions as a last resort. The court's jurisdiction is limited to crimes committed after July 1, 2002, and involves the territory or nationals of member states or cases referred by the UN Security Council. The ICC executes its mandate through investigations initiated by member states, the UN Security Council, or the ICC Prosecutor, subject to judicial review. Over the years, it has issued arrest warrants for numerous figures, including leaders from the Democratic Republic of Congo, Uganda, Sudan, Libya, and more recently, Russia and Israel. The court also emphasizes victims' participation, allowing them to engage in proceedings and seek reparations, ensuring fair trials rooted in both civil and common law traditions while fighting against impunity and promoting global justice.