Legality of Maduro's Arrest by the US: International and US Law

The potential arrest of Nicolás Maduro by the US and his trial on American soil for charges involving terrorism, drugs, and weapons has raised legal questions about the legality of such an operation, under both US and international law.

At the national level, the power to declare war rests with Congress. Marco Rubio admitted that Congress had not been informed in advance of such an operation. Nevertheless, the US president is the commander-in-chief, and historically, administrations of both parties have justified limited military actions for the national interest.

At the international law level, the use of force is prohibited unless authorized by the UN Security Council or for self-defense. Legal experts, such as Matthew Waxman of Columbia University, note that drug trafficking does not justify military intervention to overthrow a foreign government.

There are precedents for US arrests in foreign countries, usually with consent. An example is the arrest of General Manuel Noriega in Panama in 1989.

Experts believe that even if the operation is deemed illegal, US accountability is difficult due to the absence of international enforcement mechanisms, as commented by Jeremy Paul.