Professor of International Human Rights and Humanitarian Law, Agbo Madaki, has described the United States’ military invasion of Venezuela and the arrest of President Nicolás Maduro and his wife as “a total breach of international law”, warning that the action could dangerously undermine global peace and the international legal order.
Speaking in an interview with ARISE News on Saturday, Madaki said there was no legal justification under international law for the United States to invade a sovereign country and abduct its sitting president.
“It is a very basic and fundamental principle of international law that nation states are sovereign. This principle is clearly recognised under the United Nations Charter of 1945, particularly Article 2, which emphasises sovereignty, independence and equality of states,” he said.
Madaki stressed that the UN Charter is binding on all member states, adding that the very purpose of establishing the United Nations was to prevent war and promote peaceful coexistence.
“If you look at the preamble of the UN Charter, it says the organisation was formed to avoid the scourge of war that has twice plagued humanity, with emphasis on human rights, mutual cooperation and development. Against that background, I am at a loss to find any legal basis whatsoever for the US invasion of a sovereign nation and the forceful abduction of a sitting president. It is completely illegal.”
Addressing arguments around the Responsibility to Protect (R2P) doctrine, Madaki said such principles cannot be invoked unilaterally by any country, regardless of its power.
“There are limited circumstances under which a state may intervene in another state’s affairs, but even then, the United Nations Security Council must authorise such action through a resolution. No country, no matter how powerful, can act on its own.”
He explained that the R2P doctrine, adopted in 2005, applies only in cases of mass human rights abuses and total breakdown of law and order, and must still be approved by the UN Security Council.
“The catchword is authorisation. Without a Security Council resolution, any such intervention amounts to aggression.”
Madaki also dismissed claims that disputed elections or questions over legitimacy reduce a country’s sovereign protections under international law.
“Even where electoral processes are flawed, once a person is elected in accordance with the constitution and electoral laws of that country, that government cannot be said to lack legitimacy. It is for the people of that country, not foreign powers, to determine.”
He argued that the only lawful means of removing a non-performing government is through elections, not force.
“The UN Charter abhors the use of force except as authorised by the Security Council. The proper way to change a government is through periodic elections, not military invasion.”
Warning about the broader implications of the US action, Madaki said it could set a dangerous precedent for powerful states to remove leaders they disagree with.
“No nation, without lawful justification, can attack another nation. That is aggression. If this continues, we may return to a situation where might is right, leading to a breakdown of global law and order and endangering world peace.”
He added that the United States had failed to explore peaceful dispute-resolution mechanisms, including mediation or engagement through regional bodies such as the Organisation of American States (OAS).
“None of these options, to the best of my knowledge, were explored before resorting to force.”
On the legal status of President Maduro and his wife now in US custody, Madaki said they would be tried under American law but are still entitled to protections under international human rights law.
“America has made it clear they will face trial under US law. However, under international law, any person facing trial is entitled to due process. The United States is a signatory to the International Covenant on Civil and Political Rights, which guarantees fundamental rights regardless of the gravity of the allegations.”
He concluded by outlining lessons for global leaders, particularly in Africa.
“Electoral processes must be free, transparent and credible. Leaders must respect the rule of law and govern with humility, knowing that power is transient and that they are only custodians of authority on behalf of the people.”
Boluwatife Enome
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