- The US veto prevents accountability at the UN Security Council.
- The United States claims self-defense under Article 51 of the United Nations Charter.
- Legal experts say the U.S. operation violated international law.
UNITED NATIONS: The legality of the United States’ capture of Venezuelan President Nicolas Maduro will be in the spotlight at the United Nations on Monday, but Washington is unlikely to face harsh criticism from its allies over its military operation in the Latin American state.
The 15-member U.N. Security Council will meet Monday after Maduro was captured by U.S. special forces in an operation Saturday that cut power to parts of Caracas and hit military installations. Venezuelan authorities also said the accident was fatal. Maduro is currently in custody in New York awaiting a court appearance Monday on drug-related charges.
Russia, China and other Venezuelan allies have accused the United States of violating international law, but U.S. allies — many of whom opposed Maduro — have been less vocal about concerns about the use of military force.
“Judging by the reactions of European leaders so far, I suspect that U.S. allies will equivocate exquisitely at the Security Council,” said Richard Gowan, director of global issues and institutions at the International Crisis Group, a think tank.
UN Secretary-General Antonio Guterres considers the American operation to create “a dangerous precedent,” his spokesperson 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 to account.
Washington invokes self-defense
Following the American operation, European states widely called for respect for international law, without specifically calling on Washington, although French Foreign Minister Jean-Noël Barrot said the United States had violated “the principle of non-use of force, which underlies 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 states that nothing “shall impair the inherent right of individual or collective self-defense in the event of an armed attack against any member of the United Nations.”
“In this case, you have a drug lord, an illegitimate leader indicted in the United States, who is coordinating with countries like China, Russia, Iran, terrorist groups like Hezbollah, who is pumping drugs, thugs and weapons into the United States of America, threatening to invade its neighbors,” he said. Fox News.
However, legal experts say the U.S. operation was illegal because it did not have authorization from the U.N. Security Council, did not have Venezuela’s consent and did not constitute self-defense against an armed attack.
“This 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 American veto protects Washington
But Washington cannot be held responsible for any violation by the UN Security Council, which is responsible for maintaining international peace and security. The United States has a veto – alongside Russia, China, Britain and France – and can therefore block any action.
Maduro was indicted in 2020 on US charges including narcoterrorist conspiracy. He has always denied any criminal involvement.
“Even if Maduro was responsible for trafficking certain drugs into the United States, such drug trafficking 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 School of Law.
She also said that Washington “cannot exercise its extraterritorial jurisdiction to arrest individuals wherever it pleases.”
Adil Haque, a professor at Rutgers Law School, also said the U.S. capture of Maduro “was an unlawful violation of the sanctity and immunity of a sitting head of state, who may lack democratic legitimacy but was clearly carrying out his official duties on behalf of his state.”
Cuba says 32 of its citizens were killed during Maduro’s extraction
The Cuban government said Sunday that 32 of its citizens were killed in the U.S. raid in Venezuela aimed at extracting Maduro for pursuit in the United States.
Havana said there would be two days of mourning on January 5 and 6 in honor of those killed and 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 services.
“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 following bombings on the installations,” the press release said.
Cuba has provided Maduro with some security since he came to power. It is unclear how many Cubans were guarding the Venezuelan president at the time of his death and how many might have perished elsewhere.
Maduro, 63, and his wife Cilia Flores were arrested on Saturday by US forces in Caracas, Venezuela’s capital, and flown to the United States. Maduro is being held in a New York detention center awaiting his court appearance Monday on drug-related charges.
