We should not be surprised that Donald Trump, after previously supported Israeli operations in the Gaza Strip, currently appears willing to violate legal norms through the administration's threatening approach toward Venezuela alongside deadly strikes on alleged narcotics vessels. Reflecting the fears expressed by protesters across the United States, Trump acts like he is immune from legal accountability. One way to restrain this kind of criminality would be to expose its harmful consequences to his followers.
Despite his administration's pledge against starting protracted conflicts, the president reportedly dispatched an aircraft carrier to the Caribbean Sea and is deploying armed helicopters close to Venezuela's shoreline. While US officials rejects the claim their goal involves ousting the government, several officials privately admit this appears to be their aim. Ousting Venezuela's authoritarian leader, the Venezuelan head of state, has for years been a priority for Marco Rubio, the chief foreign affairs officer.
Whether the president's provocations represent hollow rhetoric and a prelude to an invasion, these actions remain unlawful. Furthermore, can this saber-rattling create justification to excuse Trump's illegal attacks – which some label extrajudicial killing – targeting alleged drug traffickers originating in Venezuela.
According to the United Nations Charter, which applies to all nations, there is a prohibition against threatening or using military force against another state except if authorized by the UN's top body or used in “self-defense” in response to “an armed attack”. Considering the veto on the Security Council, it is no way for the council would approve the US to attack Venezuela. Additionally, could the administration argue such an action as defensive because Venezuela has not launched an “armed attack” on the United States.
What about the concept of military action for humanitarian purposes, the notion stating without requiring UN authorization, military force could be employed to halt mass atrocities? I previously supported that approach, frequently called R2P. Human Rights Watch, where the author formerly served, on several occasions sought such measures previously. However, the misuse of the doctrine to justify overthrowing governments in Iraq and Libya has effectively rendered the doctrine irrelevant. Those nations were left in chaos, an outcome often worse than authoritarian rule. Not many invoke R2P today.
More importantly, even in its heyday, such action could be justified as an ultimate measure to stop current or impending mass killing and similar atrocities. The reason is that only widespread slaughter warrants the risks involved in any use of military force, even for supposedly humanitarian motives.
Maduro is indeed an oppressive leader. His government has suppressed opposition against his autocratic rule, stolen an election, reduced to poverty an oil-rich nation through their mismanagement, while driven almost 8 million citizens – more than 20% of Venezuelans – to flee the country. However, military action for humanitarian purposes can never be legitimized merely to overthrow a despot, without genocidal violence.
The president's fixation on Venezuela notably contrasts from his relative indifference regarding far more deadly wars in Darfur, Sudan and in the east of the DRC. In Darfur, Trump has done nothing to prevent the United Arab Emirates, from arming the paramilitary RSF while they deprive and bomb innocent people. In the DRC, Trump brokered a ceasefire deal, since largely remained violated, and approved Rwandan aggressive incursion, via its own troops and rebel proxy forces called M23 rebels, while enabling them to exploit the area's valuable minerals.
The unlawful nature of the US threats against Venezuela remains unchanged because María Corina Machado, the Peace Prize winner, has virtually invited the US to intervene. Like the Burmese prize winner Aung San Suu Kyi, who supported the Myanmar military from atrocity accusations against Rohingya Muslims in her attempt to gain power, Machado demonstrates the prize committee's inclination to mix up a desire to seize control from authoritarian regimes with dedication to the rule of law.
To summarize, if the US to invade Venezuela, that would constitute unjustifiable military aggression, much as Russia's president committed by invading Ukraine. The wish to free Venezuelans from Maduro's brutal, corrupt rule cannot legitimize armed intervention to invade Venezuela.
Nor, does the administration's aggressive conduct rescue the lawfulness of their lethal operations on suspected narcotics-smuggling boats. The Trump administration have refused to release the internal legal memo that purports to justify these strikes, but officials have referenced rationales which are comparable to the ones used for the threats to invade Venezuela.
Under global legal standards, police actions must avoid deadly violence unless as a last resort to meet an immediate danger of death or grave physical harm. In the past, the majority of alleged drug-running boats have been stopped with their crews put on trial. Yet Trump would have us to believe that the people in the boats can now be executed without trial because they have become participants in a war with the United States and therefore can be killed as enemy fighters in a war.
But, there is no war involving narcotics organizations. They are operating illegal enterprises, a trade frequently advanced through brutality, admittedly, yet that violence is not directed against the United States. There is no situation reaching the threshold of armed hostilities with the United States required to apply the rules for warfare to be applicable.
In the event the US decided to attack Venezuela, the fighting between two countries would certainly represent
An international business strategist with over 15 years of experience advising multinational corporations on market expansion and sustainability.