The Cuban Institute of Civil Aviation (IACC) recently shared an institutional infographic on social media, asserting their absolute dominion over the nation’s airspace. This proclamation references Article 1 of the 1944 Chicago Convention, which states that "every State has complete and exclusive sovereignty over the airspace above its territory."
This announcement comes in the wake of the U.S. Department of Justice filing federal charges against Raúl Castro and five former Cuban military officials. These charges relate to the February 24, 1996, incident where two Brothers to the Rescue aircraft were shot down, resulting in the deaths of four American citizens.
In an extensive commentary accompanying their post, the IACC justified the shootdown as an act of "self-defense," supported by the UN Charter, the Chicago Convention on International Civil Aviation, and universal principles of air sovereignty.
The Cuban aviation authority claimed that, in the 20 months leading up to the incident, Brothers to the Rescue pilots made 25 unauthorized incursions into Cuban airspace, distributing propaganda leaflets. Moreover, the Cuban government submitted at least 24 diplomatic complaints to Washington and the Federal Aviation Administration (FAA) without receiving a satisfactory response.
The IACC maintained that the final report from the International Civil Aviation Organization (ICAO) did not directly blame Cuba. Instead, it acknowledged each state's complete and exclusive sovereignty over its airspace and confirmed that the aircraft had conducted numerous illegal overflights since 1994.
However, ICAO concluded that the shootdown occurred between nine and ten nautical miles outside Cuba’s territorial airspace, in international waters, thereby violating international law.
The federal indictment, backed by a Miami grand jury on April 23, 2026, includes charges of conspiracy to murder U.S. nationals, destruction of aircraft, and four counts of homicide for the deaths of Armando Alejandre Jr., Carlos Costa, Mario de la Peña, and Pablo Morales.
Alongside Raúl Castro, former military officials Lorenzo Alberto Pérez-Pérez, Emilio José Palacio Blanco, José Fidel Gual Barzaga, Raúl Simanca Cárdenas, and Luis Raúl González-Pardo Rodríguez were indicted, identified by the Department of Justice as directly responsible for the operation.
The Cuban regime has countered with an institutional rejection campaign. Díaz-Canel labeled the charges as a "political act without any legal basis," the Council of State described them as "infamous" and "illegitimate," and a rally was held at the José Martí Anti-Imperialist Tribune in Havana last Friday.
The IACC concluded their statement by emphasizing the regime's official stance: "What happened on February 24, 1996, was the result of an organized and sustained provocation. Those who seek to judge today ignore history and, above all, the fact that a nation has the right and duty to defend its skies against orchestrated aggression."
The indictment is largely symbolic: there is no extradition treaty between Cuba and the United States, and Raúl Castro, now 94, has never set foot on American soil.
Understanding the Cuban Airspace Dispute
What is the main reason for the tension between Cuba and the United States regarding airspace?
The tension arises from the 1996 incident where two Brothers to the Rescue aircraft were shot down by Cuba, resulting in the deaths of four American citizens. The U.S. recently filed charges against Raúl Castro and former Cuban military officials for this event.
What claims does Cuba make regarding its airspace sovereignty?
Cuba asserts its absolute control over its airspace citing Article 1 of the 1944 Chicago Convention, emphasizing its right to defend against unauthorized incursions.
How did the International Civil Aviation Organization view the 1996 shootdown?
The ICAO found that the shootdown occurred in international waters, thus violating international law, despite acknowledging Cuba's sovereignty over its airspace.