Venezuela: American Intervention Challenges International Law and Congress

Can Donald Trump bypass established laws? This question has been troubling the American press, legal experts, and the international community since the unilateral intervention of the United States in Venezuela, which took place from Friday night to Saturday. The UN Security Council, which includes Washington, convened urgently on Monday, January 5, to discuss the military operation that led to the capture of President Nicolás Maduro and his wife, Cilia Flores.

Several countries expressed their opposition to this unilateral American intervention. "In situations as confusing and complex as the one we are facing, it is important to adhere to principles," particularly "respect for the principles of sovereignty, political independence, and territorial integrity of states," stated UN Secretary-General António Guterres. He also reiterated his concern that "international law rules have not been respected."

According to lawyer Johann Soufi, the American intervention in Venezuela "is a clear and simple violation of international law": "The UN Charter prohibits the use of force against another state, except in two cases: in self-defense or with authorization from the Security Council. In this instance, we are neither in the first nor the second case," explained the international criminal justice and human rights specialist to France 24.

Article 2(4) of the UN Charter is indeed unambiguous on this matter: it states that UN members "refrain from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the purposes of the United Nations."

Additionally, the capture and clandestine extraction of Nicolás Maduro and his wife to the United States were justified by Donald Trump, particularly on grounds of "narcoterrorism." This formulation "does not, in itself, constitute a legal basis for the use of force" but rather "falls under political or moral considerations," clarified Sébastien Touzé, a professor at Panthéon-Assas University and director of the René Cassin Foundation, in an interview with Le Monde.