Khaberni - The United States arrested Venezuelan President Nicolas Maduro in a military operation early Saturday morning, culminating a months-long pressure campaign by President Donald Trump's administration that was met with condemnation from some world leaders.
U.S. officials said that Maduro was transferred to a warship heading to New York to face criminal charges. Here's a look at the legality of the American action.
What happened?
On Saturday, U.S. forces attacked Venezuela and detained Maduro, who faced widespread condemnation as an illegitimate leader, and his wife Cilia Flores.
Trump had urged Maduro to step down and accused him of supporting drug gangs that Washington categorized as terrorist organizations, allegedly responsible for thousands of deaths in the United States related to illegal drug use.
Since September, U.S. forces have killed more than 100 people in at least 30 raids on boats allegedly smuggling drugs from Venezuela in the Caribbean Sea and the Pacific Ocean, actions that legal experts say probably violate U.S. and international law.
Justification of the action
U.S. authorities stated that the Department of Justice requested military assistance to arrest Maduro, who was indicted by a jury in New York along with his wife, son, and two political leaders and a person allegedly the leader of an international gang. They were charged with crimes related to terrorism, drugs, and weapons.
U.S. Attorney General Pam Bundi stated on social media that the accused "will soon face the full wrath of American justice on American soil in American courts."
However, Trump blamed Venezuela at a press conference for stealing American oil interests and said that Washington would reclaim them and plans to manage Venezuela for a period of time, without providing details.
International law experts said the Trump administration confused legal issues by claiming the operation was a specific law enforcement mission and a potential prelude to U.S. control of Venezuela in the long term.
Professor Jeremy Paul from Northeastern University, an expert in constitutional law, said: "You can't say that this operation was for law enforcement and then turn around and say we now need to manage the country. That's illogical."
What does the law say?
The U.S. Congress has the authority to declare war but the president is the commander-in-chief of the armed forces, and presidents from both parties have justified military action when it was limited in scope and served the national interest.
White House Chief of Staff Suzy Wiles told "Vanity Fair" in an interview published late last year that if Trump would authorize "some activities on the ground" in Venezuela, he would need congressional approval.
Secretary of State Marco Rubio said that Congress was not notified before the operation on Saturday.
International law prohibits the use of force in international relations except in narrow exceptions such as a mandate from the United Nations Security Council or in self-defense.
Legal experts said that drug trafficking and gang violence are considered criminal activities and do not meet the international standard accepted for armed conflict that justifies a military response.
Matthew Waxman, a law professor at Columbia University specializing in national security law, said, "A criminal indictment alone does not provide authority to use military force to overthrow a foreign government, and the U.S. administration may also hang this on a theory of self-defense."
The United States has not recognized Maduro as the legitimate leader of Venezuela since 2019, following elections that the United States said were "rigged."
Is there a precedent?
The United States has arrested criminal suspects in foreign countries including Libya, but it sought approval from local authorities.
While the U.S. administration describes Maduro as an illegitimate leader, Washington has not recognized another Venezuelan leader who could have authorized the arrest of Maduro.
In 1989, the United States arrested General Manuel Noriega, then the leader of Panama, under similar circumstances. Noriega was accused of drug-related offenses, and Washington said it acted to protect American citizens after Panamanian forces killed an American soldier.
The United States also claimed that Noriega was an illegitimate leader and recognized the candidate he claimed had been defeated in the elections as the country's leader.
Former Honduran President Juan Orlando Hernandez was extradited to the United States in 2022 and later convicted on drug-related charges. He was sentenced to 45 years in prison. Trump pardoned Hernandez in December.
Legal experts doubt that the United States will face any meaningful accountability for its actions in Venezuela, even if they are illegal given the lack of enforcement mechanisms in international law.
Paul, from Northeastern University, said: "It is difficult to see how any legal body could impose meaningful consequences on the administration (American)."
