
Guantánamo Bay Naval Base is located at the southeastern end of Cuba and has been used by the United States Navy for more than a century. It is the oldest overseas U.S. Navy Base and the only one in a country with which the United States does not have diplomatic relations. The United States controls the land on both sides of the southern part of Guantánamo Bay (Bahía de Guantánamo in Spanish) under a lease set up in the wake of the 1898 Spanish-American War. The lease was established in a 1903 agreement between the two governments, and its terms were modified in a 1934 treaty. The current Cuban government considers the U.S. presence in Guantánamo to be an illegal occupation of the area, and argues that the Cuban-American Treaty, which established the lease in 1903, now violates article 52 of the 1969 Vienna Convention on the Law of Treaties. However, the United States government contends that Article 4 of the same document states that the Vienna Convention on the Law of Treaties shall not be retroactively applied to any treaties made before it.. The U.S. also argues that its right to the base have been reaffirmed by Cuba since the original treaty.Since 2002, the naval base has contained a military prison, the Guantanamo Bay detention camp, for persons alleged to be militant combatants captured in Afghanistan and later in Iraq. Prior to July 11, 2006, the Bush Administration maintained that these detainees are not protected under the Geneva Convention.The ongoing detention of prisoners at the base is in itself said to constitute a violation of the original treaty, which explicitly states that the base is to be used for "coaling and naval purposes only, and for no other purpose." The treaty also explicitly prohibits the use of "commercial, industrial or other enterprise within said areas.", yet the base sports half a dozen fast-food concessions, including a McDonald's.