Maduro’s arrest a violation of international law, legal expert says

International law expert Dunia Zongwe says the capture of Venezuelan president Nicolás Maduro by the United States of America is a clear violation of international law.

Maduro and his wife were captured by the US in Caracas, Venezuela, on Saturday, and thereafter taken to New York.

Maduro kept an iron grip on power for more than a decade. Venezuela’s vice president, Delcy Rodriguez, has been appointed as acting president.

“The capture of the president of a sovereign state by the US is a clear violation of international law,” says Zongwe.

According to him, the capture appears to violate the United Nations Charter, a treaty the US has ratified.

Under article 2(4) of the Charter, a nation may not use force on the sovereign territory of another country without its consent, a self-defence rationale, or the authorisation of the United Nations (UN) Security Council.

“The capture and proposed trial of Venezuelan president Nicolás Maduro in New York creates a profound tension between international law and the law of the United States. These actions conflict with the sovereignty and sovereign immunity of states – a bedrock principle of international law,” Zongwe says.

He notes there must be a distinction between the jurisdiction (the legal power) to try someone and the legality of capturing them.

With the capture of a sitting president in his own country, the US committed an act that international legal scholars would classify as a violation of Venezuelan sovereignty, if not an act of aggression, Zongwe says.

The US’ action further violates the principle of sovereign immunity, he says, noting that under customary international law sitting heads of state possess immunity, known as personal immunity.

“This immunity is considered absolute during their time in office to ensure they can perform diplomatic functions without being harassed by the legal systems of foreign nations,” says Zongwe.

The International Court of Justice (ICJ), the judicial organ of the UN, affirmed this immunity in a 2002 arrest warrant case, ruling that even allegations of war crimes do not strip a sitting high-ranking official of this protection in a foreign domestic court.

However, Zongwe says US courts traditionally defer to the US president’s determination of who constitutes a “legitimate” head of state and if the US executive branch declares that Maduro is no longer the rightful leader – or labels his government a “criminal enterprise” – US courts may rule that he is not entitled to head-of-state immunity.

Namibia, in a Ministry of International Relations and Trade statement, on Saturday called for the international community to prioritise dialogue and diplomacy to resolve differences among nations.

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