An American legal expert suggests that the upcoming trial of Venezuelan President Nicolas Maduro in the United States, or the justification for his detention, may hinge on a controversial legal opinion dating back to 1989.<\/p>\n
Marjorie Cohn, a professor of international law and former president of the National Lawyers Guild, stated that the prosecution reflects a recurring pattern of Washington undermining international law.<\/p>\n
“The US Constitution clearly states that ratified international treaties are the supreme law of the land, and judges must adhere to them,”<\/strong> Cohn emphasized. She noted that the United States is a party to the UN Charter, which prohibits the use of military force against another state except in self-defense or with the authorization of the Security Council.<\/p>\n “Neither of those conditions were met in the case of Venezuela, nor did Venezuela pose any imminent threat to the United States,”<\/em> she added.<\/p>\n The expert argued that framing Maduro’s apprehension as a law enforcement operation lacks any legal basis. “No state has the authority to enforce laws within the territory of another state without its explicit consent, which Venezuela did not grant.”<\/strong><\/p>\n She asserted that this constitutes a clear violation of sovereignty under both the UN Charter and customary international law.<\/p>\n Regarding Maduro’s immunity, Cohn explained, “Nicolas Maduro enjoys head of state immunity, which does not lapse simply because a state does not recognize him politically, especially given that the United States itself previously recognized him as President of Venezuela.”<\/strong><\/p>\n She highlighted a notable legal paradox, stating that “the US Supreme Court recently affirmed broad immunity for the US President for official acts, which could also be used as a basis for the defense in this case.”<\/strong><\/p>\n Cohn pointed to the deeper issue: the potential reliance by the US prosecution on a legal opinion issued by the Department of Justice in 1989, months before the US invasion of Panama and the arrest of then-Panamanian President Manuel Noriega.<\/p>\n