Verified: Jan 6, 2026
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The United Nations Security Council convened on January 5, 2026, to address something that hasn’t happened in decades: one member state using military force to remove another country’s leader and fly him to face trial. The emergency meeting—requested by both Colombia and Venezuela and backed by Russia and China—came just two days after U.S. special operations forces raided Venezuelan President Nicolás Maduro’s compound in Caracas, killing at least 80 people and extracting Maduro and his wife for prosecution in Miami.
This isn’t about sanctions or diplomatic pressure. It’s about whether Article 2(4) of the UN Charter—the provision that prohibits member states from using force against the territorial integrity of any other state—applies when the violator is the United States.
If powerful nations can bypass international law by declaring a foreign leader illegitimate and sending in troops to arrest them, the entire post-World War II framework collapses. If they cannot, then this meeting becomes the moment that principle either survived or did not.
Colombia’s Position
Colombia’s decision to request the emergency session surprised many observers. The country has historically aligned with Washington on regional security matters, and it’s currently serving as a temporary Security Council member.
Colombian President Gustavo Petro has been one of the Trump administration’s sharpest critics in Latin America. His government submitted the meeting request on January 3, the same day as the operation, under the “Threats to international peace and security” agenda item. Russia and China immediately supported the request.
The meeting drew representatives from fifteen Security Council members plus Venezuela itself, which invoked its right to participate in deliberations affecting its security. Argentina, Brazil, Cuba, Mexico, and Nicaragua all requested speaking time.
Under-Secretary-General for Political and Peacebuilding Affairs Rosemary DiCarlo briefed the Council on behalf of UN Secretary-General António Guterres, who called the operation “a dangerous precedent.” Two civil society representatives also spoke—one selected by the United States, another by Russia and China.
The operation involved more than 150 U.S. aircraft that disabled Venezuelan air defenses before special operations forces raided Maduro’s compound in the early morning hours. Venezuelan officials report at least 80 deaths, though the full casualty count remains unclear given the state of emergency declared by the interim government.
Article 2(4) and International Law
Article 2(4) sits at the foundation of international law since 1945. It prohibits member states from using force against the territorial integrity or political independence of any state, or in any manner inconsistent with the purposes of the United Nations.
The International Court of Justice has called this provision “the cornerstone of the United Nations Charter” and a peremptory norm—meaning no state can claim exemption from it.
Venezuela’s permanent representative argued in his formal complaint that the U.S. military action—including airstrikes in Caracas, the bombing of military and civilian sites, and the forcible extraction of the president and first lady—constitutes a violation. The deployment of military forces on Venezuelan soil without Venezuelan consent is, by definition, a use of force.
International law does not distinguish between “surgical” operations and sustained conflicts. The prohibition applies equally whether you occupy a country for years or conduct a single raid.
The Charter recognizes narrow exceptions to the prohibition on force, and defenders of the operation have tried to invoke them.
The Self-Defense Argument
Article 51 of the Charter preserves the “inherent right” of self-defense if an armed attack occurs against a member state. The Trump administration has suggested the operation was necessary to address narcotics trafficking and transnational organized crime threatening U.S. security.
The International Court of Justice has established that Article 51’s scope is deliberately narrow. It requires an armed attack of sufficient gravity. Criminal activity, no matter how serious, does not meet that threshold.
Venezuela has not attacked the United States. Drug trafficking is a law enforcement matter, not an armed attack under international law. If any nation could use military force abroad by citing criminal allegations, Article 2(4) would become meaningless.
International law draws a clear line between the jurisdiction to prescribe law (which can extend extraterritorially) and the jurisdiction to enforce law (which cannot, absent consent). You can indict a foreign leader. You cannot send troops into another country to arrest them.
Legal scholars warn that accepting a “law enforcement” exception to Article 2(4) would collapse the entire framework restricting military action. States cooperate on criminal matters through extradition treaties, mutual legal assistance agreements, and international judicial mechanisms—not through unilateral military raids.
The Veto Problem
The Security Council has the authority under Articles 24 and 25 of the Charter to adopt binding decisions to maintain international peace and security. But there is a structural problem: the United States is both the acting state and a permanent member with veto power.
Russia and China delivered forceful condemnations at the January 5 meeting. Russia’s permanent representative called the operation “a harbinger of a return to an era of lawlessness and domination by force.” China stressed that military means do not solve political problems and warned that arbitrary force deepens crises. Both nations called for Maduro’s immediate release.
Neither can force the Council to act. If members attempt to pass a resolution condemning the operation or demanding Maduro’s release, the United States will almost certainly veto it.
The closest historical parallel is the 1989 invasion of Panama, when U.S. forces removed General Manuel Noriega for trial in the United States. Seven Security Council members proposed a resolution condemning the action. The U.S., France, and the U.K. vetoed it. That was the last time France and the U.K. used their veto.
After the Security Council failed to act, the matter went to the General Assembly, where a resolution condemning the invasion as “a flagrant violation of international law” passed 75-20, with 40 abstentions.
The Venezuela meeting will likely follow a similar path. The U.S. will block any binding resolution. The meeting itself creates an official record of how the international community views the operation. Those statements become part of the legal and diplomatic record that shapes future interpretations of the Charter.
The Legitimacy Argument
Supporters of the operation have raised a secondary argument: Maduro is not the legitimate president of Venezuela, so the country cannot claim the protection of sovereignty principles.
The Trump administration points to disputed elections in July 2024, when Maduro claimed victory but opposition leader Edmundo González Urrutia argued he had won. The U.S. does not recognize Maduro’s electoral victory and contends the operation was justified partly on that basis. The U.K. and several other nations have similarly refused to recognize Maduro’s legitimacy.
Most nations speaking at the Security Council have firmly rejected this reasoning. UN Secretary-General Guterres and numerous other speakers have emphasized that questions about electoral legitimacy cannot justify breaching the Charter’s prohibition on force, without Security Council authorization.
The precedent most often cited is the 1994 intervention in Haiti, authorized by the Security Council to restore democratically elected President Jean-Bertrand Aristide after a military coup. That intervention occurred only after extensive diplomatic efforts failed and with formal Security Council authorization.
In Venezuela’s case, no Security Council mandate authorized intervention. The Organization of American States, the relevant regional body, did not grant authority.
International law expert Jeffrey Sachs told the Security Council: “The issue before the Council today is not the character of the government of Venezuela. The issue is whether any Member State, by force, coercion, or economic strangulation, has the right to determine Venezuela’s political future.”
The Monroe Doctrine and Regional Dominance
The operation cannot be understood apart from the Trump administration’s explicit goal of reasserting U.S. dominance in the Western Hemisphere through what it calls the “Trump Corollary” to the Monroe Doctrine.
The Monroe Doctrine, first articulated in 1823, originally warned against European colonization in the Americas. Throughout history, the doctrine has been used to justify U.S. interventions across Latin America and the Caribbean. The Trump administration’s November 2025 national security strategy explicitly resurrects this framework, stating that “After years of neglect, the United States will reassert and enforce the Monroe Doctrine to restore American preeminence in the Western Hemisphere.”
President Trump declared that “US dominance in the Western Hemisphere will never be questioned again” and warned that “for decades, other administrations have neglected or even contributed to these growing security threats in the Western Hemisphere. Under the Trump administration, we are reasserting American power in a very powerful way in our home region.”
Trump has made statements about potential expansion to other nations in the region, including Colombia and Mexico, suggesting heightened U.S. intervention in the hemisphere.
These statements have convinced many nations that the Venezuelan operation is not an isolated law enforcement action but the opening move in a broader campaign to assert U.S. control over the region and its resources. Brazil, Chile, Mexico, and Uruguay issued a joint statement firmly rejecting “military actions undertaken unilaterally in Venezuelan territory” as “an extremely dangerous precedent for peace and regional security.” Their statement expresses concern about any attempt at “governmental control” or “external appropriation of natural or strategic resources”—suggesting worry that the administration intends to use military power to secure Venezuela’s vast oil reserves.
International Response
A substantial majority of nations speaking at the emergency meeting expressed deep concern about the use of force and reiterated their commitment to the UN Charter and the principles of sovereignty and territorial integrity.
The Non-Aligned Movement, representing 121 member nations, issued a statement categorically condemning what it described as an “act of war” against Venezuela that undermines regional and international peace.
African nations have been particularly vocal. South Africa’s representative emphasized that “Each one of our countries, including our peoples, that are members of this organisation and that are bound to its Charter should have the right to determine our own democratic and political path.” Ghana’s Foreign Ministry warned that “Such assaults on international law, attempts at the occupation of foreign territories and apparent external control of oil resources have extremely adverse implications on international stability and the global order,” noting that Trump’s statements about controlling Venezuelan resources are “reminiscent of the colonial and imperialist era.”
Argentina and Paraguay praised the operation as justified by the need to combat narcotics trafficking and terrorism. The U.S. defended the operation as a “surgical law-enforcement action” against a “narco-terrorist,” with U.S. Ambassador Michael Waltz telling the Council that “There is no war against Venezuela or its people. We are not occupying a country.”
European nations have taken a more circumspect approach. The European Union’s statement emphasized that “the principles of international law and the UN Charter must be upheld” under all circumstances and called for a “peaceful, democratic, inclusive and peaceful solution to the crisis, led by Venezuelans.”
France and the U.K.’s positioning is particularly notable given their role in vetoing the Panama resolution in 1989. Both nations appear to have learned from that experience and are now emphasizing their commitment to international law. This may reflect recognition that once a precedent is set for permitting powerful states to use unilateral military force to remove leaders, all nations become potentially vulnerable.
Head-of-State Immunity
Under customary international law, heads of state enjoy immunities from criminal and civil liability for acts performed during their time in power. The International Court of Justice has stated that heads of state are immune for all acts performed during their tenure, including torture, genocide, and crimes against humanity.
Russia, China, and numerous other nations have emphasized that the operation violates the inviolability of head-of-state immunity. The fact that the U.S. has chosen not to recognize Maduro’s legitimacy does not eliminate his immunity under international law while he exercises effective control over Venezuelan territory.
Legal experts note that attempting to treat non-recognition as an “immunity workaround” conflates two distinct legal questions. Even if immunity might ultimately be denied in a judicial context, that outcome would not retroactively authorize the use of force on foreign territory to effect the arrest.
The Ker-Frisbie doctrine—an American legal principle providing that courts may exercise jurisdiction over defendants brought before them through forcible abduction—has no bearing on international law questions about the legality of such abduction. The fact that U.S. courts may exercise jurisdiction over Maduro does not mean the operation by which he was brought into custody was consistent with international law.
Humanitarian Concerns
The UN Independent International Fact-Finding Mission on Venezuela has voiced grave concern over the country’s human rights situation following the operation. The Mission noted that the focus must remain on the “grave human rights violations and crimes against humanity” committed against Venezuelans, regardless of the charges cited by the U.S.
At least 80 people were killed in the operation, including both civilians and security forces. The extent of civilian casualties and damage to civilian infrastructure remains unclear, as Venezuela has declared a state of national emergency.
UN human rights chief Volker Türk has called for restraint and full respect for international law, emphasizing that “The protection of the people of Venezuela is paramount and must guide any further action.” Investigators with the Fact-Finding Mission have warned of heightened volatility and risks of further violations amid the declared emergency and assertions by Washington that it intends to “run” the country.
If the U.S. establishes effective control over Venezuelan territory, American forces would assume obligations under the Fourth Geneva Convention to protect the civilian population, respect their rights, and refrain from exploitation of resources. The interim government led by Delcy Rodríguez, Maduro’s former vice president who was sworn in as interim president following his removal, has indicated some willingness to cooperate with the U.S., though she has condemned what she termed the “kidnapping” of Maduro and his wife.
Implications for International Law
The Security Council meeting marks a critical moment in determining whether international law constrains powerful states or whether the system is reverting to a condition where military power determines outcomes.
The coalition of Colombia, Russia, and China requesting the emergency session cannot impose binding consequences on the U.S. through the Security Council due to veto power. But they can create an official record that the international community views the operation as a violation of international law.
If the operation is effectively unchallenged by binding Security Council action and if subsequent U.S. military interventions elsewhere occur without similar international response, the principle that all states are bound equally by the prohibition on force will have been substantially undermined.
If the international community maintains a clear commitment to the principle that military force must be constrained by international law and Security Council authorization—even in the face of U.S. action—the foundations of the international legal order can be preserved.
Secretary-General Guterres stated, “The power of the law must prevail.” That formulation captures the essential choice before the international community: whether the rules apply to everyone, or whether they apply only to nations without the military power to ignore them.
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