Legality of US capture of Venezuela’s Maduro in focus at United Nations

UNITED NATIONS - The legality of the US capture of Venezuelan President Nicolas Maduro
will be under the spotlight at the United Nations on Jan 5, but Washington is unlikely to face strong criticism from allies over its military operation in the Latin American state. 

The 15-member UN Security Council will meet on Jan 5 after US Special Forces seized Mr Maduro in an operation on Jan 3 that knocked out power in parts of Caracas and struck military installations. The Venezuelan authorities also said it was deadly.

Mr Maduro is now in detention in New York
awaiting a court appearance on Jan 5 on drug charges.

Russia, China and other Venezuelan allies have accused the United States of violating international law, but US allies – many of whom opposed Mr Maduro – have been less vocal about any concerns over the use of military force.

“Judging by the reactions from European leaders to date, I suspect that US allies will equivocate exquisitely in the Security Council,” said Mr Richard Gowan, director of global issues and institutions at the International Crisis Group, a think-tank.

UN Secretary-General Antonio Guterres views the US operation as setting “a dangerous precedent”, his spokesperson said on Jan 3.

Many legal experts also say the US action was illegal, although Washington will be able to block any attempts by the UN Security Council to hold it accountable. 

Washington cites self-defence

In the wake of the US operation, European states have largely called for international law to be respected without specifically calling out Washington, though French Foreign Minister Jean-Noel Barrot said the US had violated “the principle of not resorting to force, that underpins international law”.

The UN Charter states that members “shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state”.

There are currently 193 members of the UN.

US Ambassador to the UN Mike Waltz on Jan 3 cited Article 51 of the UN Charter, which says that nothing “shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a member of the United Nations”.

“In this case, you have a drug kingpin, an illegitimate leader indicted in the United States, coordinating with the likes of China, Russia, Iran, terrorist groups like Hezbollah, pumping drugs, thugs, and weapons into the United States of America, threatening to invade its neighbours,” he told Fox News.

However, legal experts say the US operation was illegal because it lacked UN Security Council authorisation, did not have Venezuelan consent, and does not constitute self-defence against an armed attack.

“The action violated international law,” said Stanford Law School professor Tom Dannenbaum. “Serious legal objections to Maduro’s regime do not eliminate the need for a legal basis to use military force in Venezuela.”

US veto shields Washington

But Washington cannot be held accountable for any violation by the UN Security Council, which is charged with maintaining international peace and security. The US wields a veto – along with Russia, China, Britain and France – so can block action.

Mr Maduro was indicted in 2020 on US charges including narco-terrorism conspiracy. He has always denied any criminal involvement.

“Even if Maduro were to be responsible for the smuggling of some drugs into the US, such smuggling of drugs does not constitute an armed attack and does not authorise the US to use force in self-defence,” said Cleveland State University College of Law professor Milena Sterio.

She also said Washington “cannot exercise extraterritorial jurisdiction to arrest individuals anywhere it pleases”.

Rutgers Law School professor Adil Haque also said the US capture of Mr Maduro “was an illegal infringement of the inviolability and immunity of a sitting head of state, who may lack democratic legitimacy but was clearly effectively discharging his official functions on behalf of his state”. REUTERS