US Capture of Maduro in Venezuela: Legal Experts Condemn Trump's Operation
Legal experts condemn US capture of Venezuela's Maduro

In a dramatic escalation of foreign policy, the administration of US President Donald Trump launched a major military incursion into Venezuela, culminating in the capture of the country's president, Nicolás Maduro. The operation, codenamed "Operation Absolute Resolve", involved more than 150 aircraft and saw explosions rock the capital, Caracas, before Maduro and his wife, Cilia Flores, were detained and flown to New York to face narco-terrorism charges.

International Law Experts Unanimous in Condemnation

Speaking to Sky News, legal specialists were unequivocal in their assessment that the United States action breached fundamental tenets of international law. Mariano de Alba, a Venezuelan lawyer with the International Institute for Strategic Studies, stated there was "no legal justification" for the attack.

Esteemed legal commentator Joshua Rozenberg concurred, noting that "international law bans invading another country and capturing its president." Both experts pointed to Article 2(4) of the UN Charter, which binds all member states—including the US and Venezuela—to refrain from the threat or use of force against the territorial integrity of any state.

Rozenberg clarified that while the UN can authorise force or a state can act in self-defence, neither condition was met. "Whatever President Trump may argue, I think that would be quite a stretch," he said.

A Dangerous Global Precedent

The experts warned that the unilateral action sets a perilous precedent. De Alba described it as "worrying for the region" and the world, suggesting it opens the door for other major powers like China and Russia to justify similar interventions against neighbours.

Rozenberg echoed this grave concern: "Of course, there is concern that if President Trump can do this, what can President Putin [or] President Xi do in Russia or China if they want to invade a neighbouring country like Ukraine or Taiwan?"

The operation has drawn sharp questions from UN Secretary General Antonio Guterres and governments including France, Spain, Canada, and Germany. The UK government under Sir Keir Starmer has so far declined to state whether it believes the action was unlawful.

US Justification and Lasting Implications

The Trump administration has long accused Maduro's regime of collaborating with drug cartels and terrorist groups. Maduro was indicted in the US in 2020 on charges including narco-terrorism conspiracy and cocaine importation conspiracy. The US also cites his illegitimate election victory and repression of opposition.

While Rozenberg acknowledged these as potential political justifications, he stressed they do not provide a legal basis for military invasion. The norm, he noted, would be extradition, not capture by force.

Following the operation, President Trump pledged to "run" Venezuela until a stable transition and hinted at similar action against countries like Colombia and Cuba. However, De Alba believes the US would be more cautious, lacking the same specific preconditions of an unelected leader and a US indictment.

He suggested the primary goal may be to project strength and coerce other Latin American governments, rather than to launch immediate further attacks. Nonetheless, the event marks a stark challenge to the post-war international order, with experts fearing a new era where might increasingly makes right.