Did the US Break International Law by capturing Venezuelan President Nicolas Maduro

Did the US Break International Law by capturing Venezuelan President Nicolas Maduro?

The United States of America (US) captured Venezuelan President, Nicolas Maduro on the 3rd of January.

Who is Maduro?

Maduro has been President of Venezuela since he was elected in 2013. 

However, many countries (including the US) did not recognise Maduro as a legitimate President of Venezuela because Venezuelan elections since 2013 have been interfered with to keep Maduro in power. 

Venezuela’s electoral council is government controlled and the opposition has said it received the most votes in 2018 and 2024 elections. 

Opposition leader, Maria Machado, has been in hiding but she has vowed to return to Venezuela as soon as possible.

According to Human Rights Watch, over 20 million Venezuelans live in poverty and over 8 million people have left Venezuela since 2014. 

The rise in poverty was partially caused by oil’s declining value since 2014.

Why did the US capture Maduro?

US President, Donald Trump has alleged that Maduro has partnered with drug traffickers to import drugs to the United States.

Maduro denies these allegations and said they are used to justify the US getting access to Venezuela's oil.

Venezuela has the world’s largest oil reserve, and is the 18th ranked country in the production of oil. 

Much of Venezuela's crude oil is of a heavy and denser kind. This is the type of oil that US oil refineries can most efficiently convert. 

Whereas the US predominantly produces lighter oil, the US needs to import heavy crude oil for conversion in their refineries. 

Trump has said he will rebuild Venezuela oil infrastructure and have US companies invest in Venezuela. 

What has been the response internationally? 

Australia Prime Minister, Anthony Albanese said, he supports “…International law and a peaceful, democratic transition in Venezuela that reflects the will of the Venezuelan people”.

The United Kingdom Prime Minister Keir Starmer released a similar statement saying he supports international law and he supports “…A transition of power in Venezuela”. But he added, "We shed no tears about the end of his [Maduro’s] regime”. 

A joint statement from Brazil, Spain, Mexico, Colombia, Chile and Uruguay rejected the US’ military actions saying that they offend “…The fundamental principles of international law”.

Did the US’s capture of Maduro violate international law?

The military action by the US violates international law, particularly Article 2(4) of the UN Charter that ‘Prohibits the threat or use of force and calls on all Members to respect the sovereignty, territorial integrity and political independence of other States’.

The Trump administration has sought to justify its action as defence against Maduro allegedly trafficking drugs into the US. However, under international law it had no UN mandate or other legal grounds to take action: importing drugs is not a justification for use of force in this way which would require an armed attack to have been made against the US.

What happens next?

Maduro’s vice president, Delcy Rodríguez, assumed the presidency following Maduro’s capture and there has been no demand yet by Trump for fresh elections to be held.

US Secretary of State, Marco Rubio, said the eventual goal is for Venezuela to have free and fair elections however, they are focused on stability first following Maduro’s removal.

Rubio said the Venezuelan government will have to submit a budget to the US every month about what it will use the profits of sanctioned Venezuelan oil sales for. 

The US will be transparent about what the money cannot be used for, and Venezuela has pledged to buy medical equipment from the United States, because Venezuelan patients have been forced to bring their own medical equipment to appointments because of shortages.  

"We only control the dispersal of the money, we don't control the actual money," Rubio said.

Chris Hernandez-Roy is an expert at the Center for Strategic & International Studies said the US will want from Venezuela more “cooperation on migration – preventing flows out, accepting more deportees in” and they’ll want Venezuela to distance itself from Russia, China, Iran, and Cuba.

Latrobe University associate dean, Dr Sanchez-Urribarri, said while María Machado was "still the most respected and biggest leader of the opposition in the country", there appeared to be a hesitancy among influential business elites to shift their support away from Ms Rodríguez.

The US is holding Maduro before he is taken to trial for drug trafficking in March.