How Does the United States Anti-Terrorism Act Factor into “Havana Syndrome” Claims? The Anti-Terrorism Act of the U.S. provides that any national of the United States or his or her survivors is entitled to sue for any injuries received through an act of international terrorism. This same Act makes it a crime for any organization to knowingly support international terrorism by providing material support or resources to these groups. Some reporting on Havana Syndrome suggests that Cuba and China could have been involved. If this is true, the use of directed, pulsed RF energy against personnel would surely fall under the Anti-Terrorism Act.
A team of medical researchers from the University of Pennsylvania did not positively identify the source of the Havana Syndrome injuries in their report, but the study’s lead author noted that “microwaves were considered the main suspect.” Since no evidence of acoustic devices were found where the injuries occurred, it was theorized that the injuries were the result of microwaves beamed from a nearby location. While it is believed that China’s research into microwave beams used as a weapon outpaces that of other countries, it is also believed that Russia and Cuba have similar capabilities. There is no reason to believe the Cuba incidents were anything other than intentional.
The Anti-Terrorism Act does not refer to specific weapons, and a weapon that generates directed RF energy resulting in physical harm to humans is definitely considered an armed attack under the Act. If Cuba is responsible for the deployment of directed, pulsed RF energy weapons against Embassy and Consulate U.S. personnel, it could violate their treaty obligations and could qualify as an international wrongful act for which Cuba would bear responsibility. If the United States does designate Cuba, China, Russia, or all three as responsible, this could result in their obligation to make full reparation to those injured in a wrongful act. The law firm of Sullo & Sullo is currently reaching out to injured parties, investigating evidence, and preparing to prosecute these potential cases.