US Justice Department prepares indictment against former Cuban President Raúl Castro

The US Justice Department is preparing to seek criminal charges against former Cuban President Raúl Castro, according to three people familiar with the matter who spoke to news agencies. The Trump administration plans to announce the criminal charges against the 94-year-old brother of late revolutionary leader Fidel Castro next Wednesday.

The planned indictment relates to a 1996 incident in which Cuban military jets shot down two aircraft operated by the humanitarian group Brothers to the Rescue, killing four people. The two Cessna planes were flying over international waters, according to US authorities, when they were attacked by Cuban MiG-29 fighter jets. Brothers to the Rescue was a Miami-based organization that conducted rescue missions for Cuban refugees at sea.

Raúl Castro served as Cuba's Defense Minister at the time of the incident and was considered one of the most powerful figures in the country alongside his brother Fidel. He officially assumed the presidency from his ailing brother in 2008 and led the country until 2018, when he handed over the position to Miguel Díaz-Canel. Despite stepping down from the presidency, Castro remained First Secretary of Cuba's Communist Party until 2021.

The planned indictment is part of a broader pressure campaign by the Trump administration against Cuba's communist government. In recent years, the US has imposed various sanctions on Cuban officials and largely reversed the rapprochement between the two countries that began under the Obama administration. President Trump has recently even threatened possible military action against the island nation.

Experts emphasize, however, that such an indictment would be largely symbolic in nature. Cuba does not extradite its own citizens to the United States as a matter of policy, and Castro remains exclusively on Cuban territory. Nevertheless, the indictment could have significant diplomatic ramifications and further deteriorate the already strained relations between Washington and Havana.

The 1996 incident had already led to a significant deterioration in US-Cuban relations at the time. The United States imposed additional economic sanctions on Cuba in response and accused the Cuban government of deliberately attacking civilian aircraft in international airspace. Cuba, however, claimed that the planes had repeatedly violated Cuban airspace and had failed to turn back despite warnings.

The Brothers to the Rescue organization was a constant point of contention between the two countries during the 1990s. The group regularly conducted flights over the Florida Straits to locate and rescue Cuban refugees at sea. Cuba, however, accused the organization of serving as a cover for espionage activities and propaganda against the communist system.

Legally speaking, an indictment against Castro would be feasible, as US courts can claim jurisdiction over crimes committed against US citizens regardless of where they took place. Three of the four killed pilots were US citizens. However, the practical enforcement of such an indictment remains questionable as long as Castro remains on Cuban territory and the Cuban government refuses any cooperation with US authorities.

The timing of this announcement comes amid heightened tensions between the United States and Cuba, with the Trump administration taking an increasingly hardline stance toward the island nation. The move represents one of the most high-profile attempts to hold Cuban leadership legally accountable for past actions, though its practical impact may be limited given the diplomatic and legal constraints involved.