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U.S. Capture of Venezuela’s Nicolas Maduro Sparks Global Legal Debate at the United Nations

U.S. Capture of Venezuela’s Nicolas Maduro Sparks Global Legal Debate at the United Nations. Source: Aniol, CC0, via Wikimedia Commons

The legality of the United States’ capture of Venezuelan President Nicolas Maduro is set to face intense scrutiny at the United Nations, as the U.N. Security Council convenes to discuss Washington’s controversial military operation in Venezuela. While Russia, China, and other Maduro allies have condemned the action as a violation of international law, the United States is unlikely to face strong criticism from its Western allies, many of whom have long opposed Maduro’s rule.

U.S. Special Forces seized Maduro during an operation that reportedly disrupted power in parts of Caracas and targeted military facilities, an action Venezuelan authorities say resulted in fatalities. Maduro has since been transferred to New York, where he is being held ahead of a court appearance on long-standing U.S. drug trafficking and narco-terrorism charges. The indictment dates back to 2020, accusations Maduro has consistently denied.

At the U.N., debate is expected to center on whether the U.S. violated the U.N. Charter, which prohibits the use of force against the territorial integrity or political independence of any state. U.N. Secretary-General Antonio Guterres has warned that the operation could set a dangerous international precedent. Many international law experts argue the action was illegal because it lacked Security Council authorization, Venezuelan consent, and did not meet the criteria for self-defense under Article 51 of the Charter.

The United States has defended its actions by framing Maduro as an illegitimate leader engaged in criminal activity that threatens U.S. national security. However, legal scholars counter that drug trafficking does not constitute an armed attack and therefore cannot justify military force or extraterritorial arrest.

Despite mounting criticism, Washington is effectively shielded from formal accountability at the U.N. due to its veto power as a permanent Security Council member. Analysts suggest that U.S. allies may offer carefully worded statements emphasizing respect for international law without directly condemning the operation, highlighting ongoing divisions over the use of force and international legal norms.

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