The Mudcat Café TM
Thread #174576 Message #4233787
Posted By: Stilly River Sage
04-Jan-26 - 01:41 PM
Thread Name: Convicted felon US Prez 47/Don't Say His Name
Subject: RE: Convicted felon US Prez 47/Don't Say His Name
Partway down the page, after a description of the events of January 3, is a description of the focus of this article:
In this article, we explain several international law issues raised by the operation, some of which have been addressed in greater depth in the Just Security collection of articles on the drug boat strikes and other operations dealing with Venezuela. In particular, Operation Absolute Resolve implicates the prohibition on the use of force against other States (e.g., under the UN Charter), extraterritorial law enforcement, and initiation of an international armed conflict (e.g., under the Geneva Conventions).
The bottom line is, unlike the boat strikes the U.S. military has carried out to date that have occurred in international waters against stateless vessels, this operation, striking Venezuela and abducting its president, is clearly a violation of the prohibition on the use of force in Article 2(4) of the UN Charter. That prohibition is the bedrock rule of the international system that separates the rule of law from anarchy, safeguards small States from their more powerful neighbors, and protects civilians from the devastation of war. The consequences of flouting this rule so brazenly are likely to extend well beyond the case of Maduro’s forcible ouster. Likewise, the initiation of an armed conflict – triggering the application of the law of armed conflict, including all four Geneva Conventions – has meaningful consequences, ranging from the protections now owed to Venezuelan nationals in the United States, to the application of rules governing treatment of Maduro and his wife while in U.S. custody, to accountability for any war crimes committed in the course of the conflict.