The determination of accountability for human rights on leased territories

Michael J. Strauss

Chapter 7 in Human Rights Accountability of Non-Universally Recognised States and State-Like Entities, 2026, pp 137-154 from Edward Elgar Publishing

Abstract: Agreements in which territories are leased between states for military bases and other purposes often have clauses that allocate some or all jurisdictional rights in the leased zones to the tenant state, blurring the exercise of sovereignty and raising questions about where accountability lies when human rights are violated in these zones: with the tenant state, with the host state, or with both? Human rights violations involving United States prisoners held at Guantanamo Bay, an area under Cuban sovereignty but leased by the U.S. as a military base, provide an opportunity to explore the matter. Under terms of the bilateral lease, the U.S. has ‘complete jurisdiction and control’ at Guantanamo Bay while Cuba retains ‘ultimate sovereignty’ there. Among the issues is whether the agreement removes the territory from being covered by Cuba's international obligations pertaining to human rights.

Keywords: Territory; Lease; State; Accountability; Human rights; Abuses (search for similar items in EconPapers)
Date: 2026
ISBN: 9781035365128
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