Why Raul Castro Cannot Stand Trial for Murder America Claimed Was Committed by Fidel Castro

A legal scholar argues that the United States' recent indictment of former Cuban President Raul Castro for murder lacks legal foundation. The indictment stems from the 1996 downing of two "Brothers to the Rescue" planes near the Cuban coast, which resulted in the deaths of three American citizens and one US resident.

Fidel Castro, Raul's brother and then-President, publicly accepted responsibility for the incident, stating he ordered his military to shoot down planes violating Cuban airspace. The Cuban government asserted it had issued warnings that were ignored. However, the US government at the time deemed Fidel Castro's "use of lethal force" a "blatant and barbaric violation of international law and tantamount to cold-blooded murder."

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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.

Following the incident, President Bill Clinton signed the Cuban Liberty and Democratic Solidarity Act (Helms-Burton Act), which intensified sanctions on Cuba. This act remains the basis for US embargoes, prohibiting the lifting of trade restrictions until Cuba legalizes political activity and commits to free elections.

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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.

The author, Femi Falana, SAN, contends that criminal liability is strictly personal and cannot be transferred, meaning the US cannot indict Raul Castro for an offense for which Fidel Castro already claimed responsibility. He describes the indictment as a "desperate bid to overthrow the legitimate government of Cuba."

Falana also criticizes the Trump administration's actions, including an oil blockade and other sanctions, aimed at changing Havana's leadership. He notes Trump's surprise that the Cuban government has not collapsed despite the "serious humanitarian crisis instigated by the Trump administration." The indictment, unsealed on May 20, 2026, charges Raul Castro with murder and conspiracy to kill US nationals.

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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.