US Capture of Maduro: Eroding the Rules-Based International Order
Opinion
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News18•08-01-2026, 19:23
US Capture of Maduro: Eroding the Rules-Based International Order
- •Hypothetical US capture of Venezuelan President Nicolás Maduro directly challenges the post-1945 international legal order, specifically regarding the use of force, jurisdiction, and sovereignty.
- •The rules-based order prohibits unilateral military force, codified in UN Charter Article 2(4), with exceptions only for self-defense (Article 51) or UN Security Council authorization, neither of which applies to the Venezuela scenario.
- •International law distinguishes state recognition from government recognition; non-recognition of the Maduro government does not suspend Venezuela's sovereignty or authorize the use of force.
- •Maduro, as a sitting head of state, enjoys personal immunity (immunity ratione personae) from foreign criminal jurisdiction, which applies irrespective of alleged conduct or recognition disputes.
- •US domestic Ker-Frisbie doctrine allows jurisdiction regardless of abduction method, but this does not legitimize the international illegality, reinforcing a structural asymmetry where powerful states violate external constraints.
Why It Matters: US actions in Venezuela risk eroding the foundational principles of the rules-based international legal order.
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