Tensions rise between US and Colombia after Maduro detention

Recent events surrounding Nicolás Maduro’s capture have triggered extensive discussions about the legality of the action. Most international legal scholars argue that this operation, despite its constitutional implications, infringes on Venezuela’s sovereignty. There appears to be a strong international legal foundation supporting this view.

At first glance, the abduction of President Maduro seems to constitute a “use of force… against the political independence… of any state,” as outlined in the United Nations Charter. Yet, typically this is the case only if the targeted country’s government objects. If consent is given, as in many instances of military aid, sovereignty violations are not usually recognized.

While Maduro and his vice president have openly opposed the U.S. operation, the United States does not recognize Maduro as Venezuela’s legitimate president—a stance established during Anthony Blinken’s term as Secretary of State. Thus, the lack of Venezuelan consent is viewed as irrelevant from Washington’s standpoint.

President Trump’s efforts to remove Maduro could reshape global dynamics and reinforce U.S. influence.

Since the Biden administration, the U.S. has acknowledged Gonzalez, the winner of the 2024 election, as the legitimate leader. Notably, Gonzalez has shown no objection to this alignment, stating, “My people of Venezuela, please know that this is a decisive moment and we are ready for a grand campaign of national reconstruction,” while also echoing opposition leader María Colina Machado’s sentiment that “the time for freedom has come.” This might be interpreted as a kind of consent or approval for the action taken.

Some may argue that the legality of an operation shouldn’t hinge on U.S. approval. However, international law often requires an investigation into the legitimacy of foreign governments when engaging in diplomatic or military actions.

For instance, in 1991, the U.S. military intervention in Haiti was authorized based on the belief that the military regime was not the legitimate government. Similarly, any U.S. support for Taiwan during a potential Chinese invasion would rely on determining that the Chinese Communist Party does not represent Taiwan’s government.

Under international law, countries make such judgments independently, which can lead to misuse, as seen in Russia’s Crimea invasion, claiming to act on behalf of ousted President Yanukovych. Given the absence of a central authority in international law, countries often interpret situations through their individual lenses.

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Right now, there seems to be little doubt about the Maduro government’s opportunism. This perspective aligns with the Biden administration’s earlier stance, which did not appear to favor military intervention. Moreover, many nations, including Canada, Argentina, Italy, and France, recognize Gonzalez as the legitimate president, while few acknowledge Maduro’s rule.

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Alternatively, it’s worth noting that Venezuela might not have a government recognized in the traditional sense, raising questions about consent for foreign intervention. This strict legal perspective can be quite harsh, particularly for countries that may pose risks to others but lack a recognized governing body.

Considering the bipartisan U.S. position that Maduro isn’t the actual president and that his support largely stems from foreign entities—including reports of Cuban forces and Hezbollah—it could be argued that actions aimed at removing Maduro wouldn’t breach Venezuela’s “political independence.” Interpreting these issues could lead to the implausible conclusion that allowing foreign powers to install a dictator is acceptable while removing one is not.