US Charges Against Maduro Considered Unlikely to Hold in Venezuelan Court

US Abduction of Venezuelan President Maduro Raises Questions About International Law

The United States has abducted Venezuelan President Nicolas Maduro, citing his indictment by US authorities. However, experts say that countries cannot enforce their laws on another state without consent.

Margaret Satterthwaite, a UN special rapporteur on the independence of judges and lawyers, stated that “one state cannot enforce its law on the territory of another state unless that state gives its consent.” This principle is outlined in international law.

Maduro was indicted by the US Justice Department in 2020 on drug and gun charges. He made his first court appearance in New York after being abducted.

The abduction also raises questions about the immunity of heads of state from prosecution and civil penalties abroad. The International Court of Justice has affirmed this principle, which is also acknowledged by Washington.

International courts are an exception to head-of-state immunity. In 2024, the International Criminal Court issued an arrest warrant for Israeli Prime Minister Benjamin Netanyahu over war crime charges in Gaza.

US officials have framed Maduro’s abduction as a law enforcement operation, but experts argue that it violates international law. Republican Senator Tom Cotton likened the US special forces’ action to arresting a suspected drug trafficker in the US.

The US Vice President has also invoked Maduro’s indictment as the legal basis for the US attack. However, some have questioned the domestic legality of the military action without congressional authorization.

Source: Al Jazeera