- The United States’ veto power prevents accountability in the UN Security Council.
- The United States cites self-defense under Article 51 of the UN Charter.
- Legal experts maintain that the US operation violated international law.
UNITED NATIONS: The legality of the United States’ capture of Venezuelan President Nicolás Maduro will take center stage at the United Nations on Monday, but Washington is unlikely to face strong criticism from its allies for its military operation in the Latin American state.
The 15-member U.N. Security Council will meet on Monday after U.S. Special Forces captured Maduro in an operation on Saturday that cut power to parts of Caracas and attacked military installations. Venezuelan authorities also said it was deadly. Maduro is now detained in New York awaiting a court appearance Monday on drug charges.
Russia, China and other allies of Venezuela have accused the United States of violating international law, but US allies – many of whom opposed Maduro – have expressed fewer concerns about the use of military force.
“Judging by the reactions of European leaders to date, I suspect that America’s allies will get it exquisitely wrong in the Security Council,” said Richard Gowan, director of global affairs and institutions at the International Crisis Group, a think tank.
UN Secretary-General Antonio Guterres believes the US operation sets “a dangerous precedent,” his spokesman said on Saturday. Many legal experts also say the US action was illegal, although Washington will be able to block any attempt by the UN Security Council to hold it accountable.
Washington cites legitimate defense
In the wake of the U.S. operation, European states have largely called for respect for international law without specifically calling out Washington, although French Foreign Minister Jean-Noel Barrot said the United States had violated “the principle of non-recourse to force, which underpins international law.”
The United Nations Charter states that members “shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any State.” There are currently 193 members of the United Nations.
U.S. Ambassador to the U.N. Mike Waltz on Sunday cited Article 51 of the U.N. Charter, which says that nothing “shall impair the inherent right of individual or collective self-defense if an armed attack occurs against a member of the United Nations.”
“In this case, we have a drug lord, an illegitimate leader indicted in the United States, who coordinates with groups like China, Russia, Iran and terrorist groups like Hezbollah, who injects drugs, thugs and weapons into the United States of America and threatens to invade its neighbors,” he said. fox news.
However, legal experts say the US operation was illegal because it lacked authorization from the UN Security Council, did not have Venezuela’s consent and does not constitute self-defense against an armed attack.
“The action violated international law,” said Tom Dannenbaum, a professor at Stanford Law School. “Serious legal objections to the Maduro regime do not eliminate the need for a legal basis for using military force in Venezuela.”
The US veto protects Washington
But Washington cannot be held responsible for any violations by the UN Security Council, charged with maintaining international peace and security. The United States exercises a veto – along with Russia, China, Great Britain and France – so it can block any action.
Maduro was indicted in 2020 on U.S. charges that included narcoterrorism conspiracy. He has always denied any criminal involvement.
“Even if Maduro were responsible for smuggling some drugs into the United States, that drug smuggling does not constitute an armed attack and does not authorize the United States to use force in self-defense,” said Milena Sterio, a professor at Cleveland State University College of Law.
He also said Washington “cannot exercise extraterritorial jurisdiction to arrest individuals wherever it wants.”
Adil Haque, a professor at Rutgers Law School, also said the U.S. capture of Maduro “was an unlawful infringement of the inviolability and immunity of a sitting Head of State, who may lack democratic legitimacy but was clearly effectively performing his official duties on behalf of his state.”
Cuba says 32 of its citizens died in the extraction of Maduro
The Cuban government said Sunday that 32 of its citizens were killed during the U.S. raid into Venezuela to extract Maduro for prosecution in the United States.
Havana said there would be two days of mourning on January 5 and 6 in honor of those killed and said funeral arrangements would be announced.
The Cuban government statement gave few details, but said all of the dead were members of the Cuban armed forces and intelligence agencies.
“Faithful to their responsibilities in terms of security and defense, our compatriots fulfilled their duty with dignity and heroism and fell, after fierce resistance, in direct combat against the attackers or as a result of bombings on the facilities,” the statement said.
Cuba has provided some security to Maduro since he came to power. It was unclear how many Cubans were guarding the Venezuelan president when he died and how many may have died elsewhere.
Maduro, 63, and his wife Cilia Flores were captured by US forces in Caracas, the Venezuelan capital, on Saturday and flown to the United States. Maduro is being held in a New York detention center awaiting a court appearance Monday on drug charges.
