Why Raul Castro Cannot Stand Trial for Murder America Claimed Was Committed by Fidel Castro
This article by Femi Falana, SAN discusses the indictment of former Cuban President, Raul Castro by the United States of America, for an offence which his brother, also a former Cuban President, Fidel Castro, is said to have already taken responsibility for, arguing that the belated indictment of Raul Castro has no basis in law, and instead, is a desperate bid to overthrow the Cuban Government, and also divert attention from what he refers to as the reckless war being waged on Iran by Israel and the US
Background
On February 24, 1996, Cuban Forces shot down two of the Brothers to the Rescue planes near the Cuban coast. Three American citizens and one resident of the US, were killed. President Fidel Castro took responsibility for the incident, saying that he gave orders to his military to shoot down planes violating Cuban airspace. The Cuban Government said that it had proof that prior to shooting down the planes, Cuban authorities had issued warnings to them which he said were ignored.
At the material time, the US government said that “The response chosen by Fidel Castro, the use of lethal force, was completely inappropriate to the situation presented to the Cuban government, making such actions a blatant and barbaric violation of international law and tantamount to cold-blooded murder”.
Consequently, President Bill Clinton signed the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act, also known as the Helms-Burton Act which tightened sanctions on Cuba, and remains the basis of US embargoes on the country. The Act also prohibited the US President from removing trade restrictions on the Caribbean nation until it legalises political activity, and commits to free and fair elections.
Belated Indictment of Raul Castro
Having regard to the facts and circumstances of this case, the belated indictment of Raul Castro has no basis in law. It is trite law that, in all civilised nations including the US, criminal liability is strictly personal, and cannot be transferred to another individual. In other words, criminal law does not allow for vicarious liability. Having accused former President Fidel Castro of resorting to the use of “lethal force” by ordering the shooting down of the two planes, the US government cannot turn round, 30 years later, to transfer the offence of murder and conspiracy to Raul Castro.
In a desperate bid to overthrow the legitimate government of Cuba, the Trump administration imposed an oil blockade since January 2026, in addition to the economic and political sanctions imposed by previous regimes. President Donald Trump has made clear his desire to change Havana’s leadership, and has openly boasted that Cuba is “ready to fall”. He is however, surprised that the Cuban government has not collapsed despite the serious humanitarian crisis instigated by the Trump administration.
Hence, on May 20, 2026, the US unsealed an indictment against former Cuban President, Raul Castro, charging him with murder, conspiracy to kill US nationals and destruction of an aircraft. The other Cubans indicted by the Justice Department along with Castro, were the airmen allegedly involved in the shoot-down. Thus, the US government has concluded its diabolical agenda to invade Cuba, for the purpose of arresting the 95-year old Comrade Raul Castro. Over the past week, the US military has been publicly broadcasting the location of its aircrafts near Cuba, on plane-tracking websites.
To justify the imminent invasion, President Trump has said that Cuba constitutes “a national security threat” to the United States. US Secretary of State, Marco Rubio, said on Thursday that the White House’s preference was “a diplomatic solution”, but added that Trump had the right and obligation to protect his country against any threat. He also called Cuba a “national security threat”, and stated that the likelihood of a peaceful agreement is “not high”.
However, since the economic strangulation of Cuba has not materialised in the collapse of the Cuban government, the US government decided to cook up the charges of conspiracy and murder against Raul Castro and five other Cubans. The planned military aggression is also meant to divert attention from the monumental disgrace suffered by the US, in the reckless war being waged against Iran by the US and Israel. To that extent, the sole purpose of the indictment of Raul Castro is to justify military aggression against Cuba. It is a shameful replay of the indictment of Venezuelan President, Nicholas Maduro by U.S. courts, which provided a pretext for the large scale military assault in January 2026 resulting in his abduction.
The Bay of Pigs invasion of Cuba in April 1961 authorised by U.S. President, John F. Kennedy, and planned by the CIA, failed because the Cuban people defended their revolution. The reckless military aggression was widely denounced by governments across the region as a violation of sovereignty and non-intervention principles. Despite the economic strangulation of Cuba, the people have resolved to resist the fresh military aggression by the Trump administration. Since the planned attack of Cuba constitutes a blatant act of aggression contrary to the basic tenets of international law, it ought to be condemned by all members of the United Nations.
Conclusion
With the capture of President Nicholas Maduro of Venezuela, the planned abduction of former President Raul Castro of Cuba, and the unprovoked war being waged against Iran, the US government has demonstrated its readiness to violate the sovereignty of any nation. To that extent, the escalation of economic sanctions, threats of military intervention, and the recent indictment of Raúl Castro, should be challenged by all friends of Cuba. Since the planned attack of Cuba constitutes a blatant act of aggression contrary to the basic tenets of international law, it ought to be condemned by all members of the United Nations.
Femi Falana, SAN
