Venezuela Leader Captured
Maduro Was Captured and Brought to the US
We’ve written before about the American destruction of Venezuelan drug boats and capture of Venezuelan oil tankers. This was all in the context of a massive military buildup of American forces in the Caribbean. On Saturday those assets were put to use when American officials arrested Nicolas Maduro in his home on a military base in Caracas, Venezuela and flew him to New York where he will be tried on charges first issued in 2020. He had a $50 million bounty issued by the Biden administration.
The arrest was made possible by an astounding military operation that eliminated Venezuelan air defenses which allowed US special forces to accompany and protect the legal team that arrested him. (The wording here is important, as I’ll get to below.)
Background
Venezuela used to be one of the most, if not the most prosperous country in South America. It has more oil than Saudi Arabia and was a major steel producer. But in 1998 Hugo Chavez was elected president and changed the constitution of the country.
Chavez was the leader of the Revolutionary Bolivarian Movement (a Communist group) that was founded in 1982. In 1992 he tried to overthrow the government by means of a military coup. He failed, was imprisoned, and after his release from jail in 1998 was elected president. (Some might say half a dozen years in prison for trying to overthrow the government with the assistance of the military is a little short.)
Once elected, Chavez changed the constitution so as to make permanent his “Bolivarian Revolution.” The changes gave the president many more powers and allowed him to nationalize (take out of private ownership) any business in the country. He was famous for walking through the city with a crowd of followers pointing at buildings or shops that he would announce were now “the property of the people.” Needless to say, this did not prove to be a successful economic policy. Millions of people fled the country and Venezuela collapsed into the predictable socialist paradise that has to be maintained by secret police, drug sales, and providing evil regimes (China, Iran, Russia, etc.) a foothold in the Western hemisphere.
Chavez was briefly deposed in 2002, only to be quickly returned to power. He died in 2013 and was succeeded by his hand-picked replacement, Nicolas Maduro. In 2018 Maduro “won” an election that was denounced throughout the world. The US did not recognize the results, nor did the European Union. Even Canada’s Justin Trudeau declared Maduro an illegitimate dictator. The Nobel Peace Prize winner from this year who dedicated her prize to Donald Trump won it precisely because of her opposition to Maduro.
In keeping with its Communist ideology, Venezuela had close ties to China and Cuba. A Chinese delegation was vising on Friday and most of Maduro’s security forces were Cuban. As Russia moved further away from Western countries and, with its invasions of Ukraine since 2013 and the sanctions that incurred, needed to move its own oil around the world surreptitiously, it also worked closer to Venezuela. Finally, Iran reportedly has military drone factories in Venezuela, drones that it sends to Russia for the Ukraine War.
The Arrest
Does the US have the authority to arrest a foreign leader in his own country? In short, yes.
Maduro was indicted by American courts and the American government does not recognize Maduro as the legitimate president of Venezuela. (Notice that I’ve referred to him as “leader.”) Article II of the Constitution gives wide latitude to the Executive in international affairs and sole authority to execute the laws of the land, meaning enforce the law. Arresting criminals is part of that.
Are there international laws that would prevent the US from arresting a leader in his own country? In short, no.
International law does not have the force of law as we normally understand it. Law within a nation is made by the legislative authority, judged by the judicial authority, and enforced by the executive. This is true regardless of whether or how these powers are distinct in the particular country. Parliamentary systems, for instance, combine the legislative and executive powers but they are distinct.
International law does not fit into the account above. In that sense, it is not “law.” There is no legislature, judiciary, or executive. These laws are really rules agreed to by representatives of sovereign nations and enforced voluntarily. In essence, they are promises not to do X or to do Y, but there is no one who can force them to do so.
The United Nations is not a law-making body. It is a forum to air grievances and try to prevent the public displays of strength (i.e., war). The Security Council is the closest thing in most peoples’ minds an international police force. But they have no force. They can only issue statements. Added to that, the five permanent members (US, UK, France, Russia, and China) can veto any decision. (Adding to the fun, the new chairman of the Security Council is a representative from Somalia, who owned a daycare center in Ohio. You can’t make this up.)
There really is no law preventing the US from arresting Maduro. Also, and here I’m getting back to the wording of the second paragraph, this was an executive enforcement of a judicial warrant. The military did not invade Venezuela. The military defended and protected the officials that arrested Maduro. This might be splitting hairs, but it is important.
Finally, there are precedents for this. In 1989, the US captured Manuel Noriega who was the leader of Panama. He was tried in the US and imprisoned. His arrest and trial were contested in court and upheld. The Maduro case is at least as legal as that. It is hard to imagine a court objecting to the events on Saturday or the subsequent trial.
What about Congressional permission? Each of the presidents in the last fifty years has acted internationally without Congressional approval. Countries have been invaded, sites bombed, people killed. We might not like the expansion of presidential powers, but this is a fact of the modern presidency.
Implications
It is hard to predict all that might or might not happen as a result of this remarkable military executive action. I’ll list a few:
The drugs entering the US from Venezuela will be significantly curtailed. Maduro’s arrest might also slow down drugs from other countries and cartels. Certainly other countries in Latin America will be concerned.
Some 8 million Venezuelans were displaced by the Bolivarian Revolution. Their return would have an effect on immigrant numbers here and elsewhere.
Foreign adversaries must be impressed by the success of this mission. Russia tried to capture President Zelenskyy in the Ukraine. Several years into its “Special Military Operation,” Russia sees the US takes only three hours to capture a leader surrounded by Russian air defenses. Scary.
The Venezuelan-Cuban-Chinese oil transfers are now disrupted. Cuba’s economy will be crushed without the money from Venezuela and China will need to find new sources. Iran might not be there for them.
The Russia-Iran military assistance in Venezuela is disrupted at the very moment Iran is in chaos. If the Islamic Republic falls, the drones they build for Russia in Venezuela won’t be coming. Amazing how an event in South America might change the course of the war in Europe.
The Monroe Doctrine is now the “Donroe” Doctrine. That’s actually what Pres. Donald Trump called it. The Monroe Doctrine was the policy issued in 1823 by Pres. Monroe that declared European powers would not be allowed to operate in North or South America. They would be excluded from meddling in the affairs of any countries in the Western hemisphere. Trump pumped this up with this operation.
Leave this space blank for anything I can’t even imagine.
The big question is what will happen next in Venezuela. Anti-Maduro political parties exist, although they have suffered greatly over the years. There are people who could win free and fair elections and govern the country. Even Maduro’s vice-president said she is happy to work with American officials. There doesn’t seem to be a great deal of dissatisfaction with Maduro’s arrest. Well, outside of left-wing politicians in this country and Europe.
Maduro has already been transferred to New York City where one of his biggest fans has been sworn in as mayor. This will be very interesting.