DOJ to Indict Raul Castro for 1996 Brothers to the Rescue Shootdown — Can the US Actually Prosecute a Former Cuban Head of State?

# DOJ to Indict Raul Castro for 1996 Brothers to the Rescue Shootdown — Can the US Actually Prosecute a Former Cuban Head of State?

> **Quick answer:** The U.S. Department of Justice is preparing to indict 94-year-old former Cuban president Raul Castro for allegedly ordering the February 24, 1996 shootdown of two civilian aircraft that killed four Cuban-American men in international airspace. The case is being led by the U.S. Attorney's Office for the Southern District of Florida and requires grand jury approval before charges are filed. International law experts say the US can legally pursue former foreign heads of state in federal court — but actually arresting Castro, who is 94 and living in Havana, is a different matter entirely.

The DOJ is moving to indict Raul Castro over the 1996 Brothers to the Rescue shootdown 2026, nearly 30 years after four unarmed Cuban-American men were killed when Cuban MiG fighter jets blew their civilian planes out of the sky over international waters. The announcement — confirmed by a DOJ official to NBC News and CNN on May 14-15, 2026 — has electrified the Cuban-American community in South Florida and reopened one of the most legally thorny questions in U.S. foreign policy: can a former head of state actually be held criminally accountable in an American courtroom?

*This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for legal matters.*

## The 1996 Brothers to the Rescue Shootdown: What Actually Happened

Brothers to the Rescue was a Miami-based volunteer humanitarian organization founded by José Basulto in 1991. Its original mission was to fly over the Florida Straits and locate Cuban refugees — known as balseros — drifting on makeshift rafts, then radio the U.S. Coast Guard to rescue them. In five years of operations, the group helped save hundreds of lives.