A lecturer in Public International Law, Prof. Oswald Seneadza, has described the reported arrest of Venezuelan President Nicolás Maduro by United States forces as a clear violation of international law, warning that the action amounts to an act of aggression under the UN Charter.
Speaking on the Asaase Breakfast Show on Monday (5 January), Prof. Seneadza rejected claims by former US President Donald Trump that the operation constituted a “law enforcement action,” arguing that no legal framework permits one state to enforce its criminal jurisdiction on the territory of another sovereign state.
“Law enforcement under whose law?” he asked. “US domestic law, Venezuelan law, or international law? None of these justifies a foreign power arresting a sitting head of state on the territory of another country.”
Violation of the UN Charter
Prof. Seneadza said the action breaches Article 2(4) of the UN Charter, which prohibits both the use and threat of force against the territorial integrity or political independence of any state.
He stressed that the only exceptions permitted under international law are self-defence under Article 51 or military action explicitly authorised by the UN Security Council—neither of which applies in this case.
“Military intervention on the territory of another state amounts to aggression. This is no different in principle from Russia’s invasion of Ukraine or Israel’s actions in Palestine,” he said.
According to Prof. Seneadza, the operation also violated Venezuela’s territorial sovereignty and the principle of non-interference in internal affairs, as recognised under UN General Assembly Resolution 2131.
He noted that international law guarantees every state political, legal, and social independence within its territory, regardless of size or military strength.
“All states are equal under international law. Power, popularity, or military superiority does not confer legality,” he emphasised.
Immunity of a Sitting Head of State
Prof. Seneadza further raised concerns about the legality of subjecting President Maduro to trial in the United States, citing the Vienna Convention on Diplomatic Relations, which grants personal immunity to sitting heads of state.
He explained that alleged criminality does not automatically strip a leader of immunity, unless the state formally removes the individual from office; or the state waives immunity through its domestic legal processes.
“Without a waiver from Venezuela, any prosecution would violate both domestic Venezuelan law and international law,” he said.
Dangerous Precedent
Prof. Seneadza warned that allowing the action to stand unchallenged could endanger leaders of smaller and weaker states, setting a precedent for unilateral interventions by powerful countries.
“The implications are grave. It destabilises global relations and undermines the legal safety of leaders from developing states,” he said.
He added that non-recognition of a leader by other states does not legally justify violating established international norms.
Is International Law Collapsing?
While acknowledging claims that international law is weakening, Prof. Seneadza said it is not entirely collapsing but is being undermined by powerful states prioritising political interests over legal obligations.
“The danger is that international law risks becoming merely moral guidance rather than binding law,” he said, calling for reforms to the UN Security Council, particularly the veto system, and greater representation for Africa.
Options for Venezuela
Prof. Seneadza said Venezuela’s most viable option is to pursue diplomatic and legal redress through the United Nations, noting that international law ultimately relies on diplomacy and goodwill between states.
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