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Was the U.S. capture of Venezuela's president legal?

The U.S. Congress has the power to declare war, but the president is commander-in-chief, and presidents of both parties have justified military action when it was limited in scope and in the national interest

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ФАКТИ публикува мнения с широк спектър от гледни точки, за да насърчава конструктивни дебати.

The United States has captured Venezuelan President Nicolas Maduro in a military operation. It was the culmination of a months-long pressure campaign by President Donald Trump's administration that has been condemned by some international leaders, Reuters reported.

Maduro was on a warship sailing to New York to face criminal charges, U.S. officials said. But are the US actions legal?

What happened?

US forces invaded Venezuela and captured Maduro, who was criticized by many as an illegitimate leader, and his wife Cilia Flores.

Trump has been demanding that Maduro step down and accusing him of supporting drug cartels that Washington has designated as terrorist groups and that it says are responsible for thousands of deaths in the US related to illegal drug use.

Since September, US forces have killed more than 100 people in at least 30 strikes on suspected Venezuelan drug-trafficking boats in the Caribbean and Pacific Oceans, which legal experts say may have violated US and international law.

How did the US justify its actions?

US authorities said the Justice Department had sought military assistance to capture the of Maduro, who was indicted by a grand jury in New York along with his wife, son, two political leaders and an alleged leader of an international gang. They were charged with terrorism, drug and weapons-related crimes.

Attorney General Pam Bondi said on social media that the defendants "will soon face the full wrath of American justice on American soil in American courts."

However, at a press conference, Trump accused Venezuela of stealing American oil and said Washington would get it back and planned to rule Venezuela for a period of time, without providing further details.

International law experts have noted that the Trump administration has confused legal issues by claiming that the operation was both a targeted law enforcement mission and a potential prelude to long-term U.S. control of Venezuela.

"You can't say this was a law enforcement operation and then turn around and say now we have to rule the country," said Jeremy Paul, a professor at Northeastern University, specializing in constitutional law. "It just doesn't make any sense".

What does the law say?

The U.S. Congress has the power to declare war, but the president is commander-in-chief, and presidents of both parties have justified military action when it was limited in scope and in the national interest.

Trump's chief of staff, Susie Wiles, said late last year that if Trump were to authorize "any activity on land" in Venezuela, it will need congressional approval.

Secretary of State Marco Rubio clarified that Congress was not notified before Saturday's operation.

International law prohibits the use of force in international relations, except for rare exceptions, such as authorization by the U.N. Security Council or in self-defense.

Drug trafficking and gang violence are considered criminal activities and do not meet the accepted international standard for armed conflict that would justify a military response, legal experts say.

"A criminal charge alone does not authorize the use of military force to overthrow a foreign government, and the administration is likely to tie that to the theory of self-defense," said Matthew Waxman, a Columbia University law professor who specializes in national security law.

The United States does not recognize Maduro as the legitimate leader of Venezuela since 2019, after elections it said were rigged.

Is there a precedent?

The United States has captured suspects in foreign countries, including Libya, but has sought the consent of local authorities. While the administration has described Maduro as an illegitimate leader, Washington has not recognized any other Venezuelan leader who could authorize Maduro's capture.

In 1989, the United States arrested General Manuel Noriega, then leader of Panama, under similar circumstances. Noriega was charged with drug-related crimes, and Washington said it was acting to protect American citizens after Panamanian forces killed a U.S. soldier.

The United States has also claimed that Noriega is an illegitimate leader and has recognized as the country's leader the candidate Noriega claimed to have defeated in a recent election.

Former Honduran President Juan Orlando Hernández was extradited to the United States in 2022 and later sentenced to 45 years in prison on drug-related charges. Trump pardoned Hernández in December.

Legal experts are skeptical 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.

"It is difficult to see how any legal authority could impose practical consequences on the administration," Jeremy Paul noted.