The Donald Trump administration has filed charges against former Cuban President Raúl Modesto Castro for his alleged role in the shoot-down of two unarmed U.S. civilian aircraft on February 24, 1996.

The U.S. Department of Justice announced the charges on Wednesday. In the 20-page indictment, federal prosecutors alleged that Mr Castro authorised the fatal attack over international waters.

Mr Castro, the then defence minister, was indicted alongside five others in the downing of the aircraft, operated by Brothers to the Rescue (BTTR), a humanitarian exile group that conducted flight operations to search for Cuban migrants in distress.

According to prosecutors, Cuban intelligence infiltrated BTTR and reported its flight operations to the Cuban government. Military leaders allegedly used the information in the downing of the BTTR aircraft.

Four individuals—Carlos Costa, Armando Alejandre Jr., Mario de la Peña, and Pablo Morales—were killed when the Cuban military fired air‑to‑air missiles at the aircraft flying from South Florida toward Cuba “without warning.”

Prosecutors accused Mr Castro and others of conspiracy to kill U.S. citizens, two counts of destruction of aircraft—with tail numbers N2456S and N5485S—and four counts of murder.

Mr Castro and others could face life imprisonment or the death penalty if convicted of murder and conspiracy to kill U.S. nationals. 

The former president and a co-defendant, Lorenzo Perez-Perez, face up to five years in prison fordestruction of aircraft counts. 

“For the first time in nearly 70 years, senior leadership of the Cuban regime has been charged in the United States for alleged acts of violence resulting in the deaths of American citizens,” said Acting Attorney General Todd Blanche.

Mr Blanche added, “President Trump and this Justice Department are committed to restoring a simple principle: if you kill Americans, we will pursue you. No matter who you are. No matter what title you hold.” 

FBI Director Kash Patel stated that the indictment was a step towards accountability in the murder of four U.S. nationals, including three citizens.

“For 30 years, these families have waited for answers—and this FBI never forgot. We will continue working with our Justice Department partners to bring to justice those who attacked our civilians,” said Mr Patel.

Similarly, U.S. Attorney Jason A. Reding Quiñones for the Southern District of Florida said, “For 30 years, the families of these men have waited. The Miami community has waited. Our country has waited. Today is a step toward accountability.”

Cuban President Miguel Díaz-Canel, in a statement on Wednesday, rejected Mr Castro’s indictment and called it “a political manoeuvre, devoid of any legal foundation,” to justify U.S. military aggression against Cuba.

Mr Díaz-Canel denied any wrongdoing in the incident involving the ”narco-terrorist organisation” BTTR’s aircraft and said Cuba acted “in legitimate self-defence” following the violation of its jurisdictional waters by “notorious terrorists.”

He maintained that no international law was violated, “as U.S. military forces have indeed been doing with their coldly calculated and openly publicised extrajudicial executions against civilian vessels in the Caribbean and the Pacific.”