US Military Operation in Venezuela Draws Intense Legal Scrutiny After Maduro's Capture

US Military Action Leads to Maduro's Capture

On January 3, 2026, the United States launched a significant military operation in Venezuela, codenamed 'Operation Absolute Resolve,' resulting in the capture of Venezuelan President Nicolás Maduro and his wife, Cilia Flores. The operation reportedly involved airstrikes across northern Venezuela, including the capital Caracas, and the use of 150 aircraft to support an apprehension force. Maduro and Flores were subsequently transported to New York to face federal charges related to drug trafficking and terrorism, for which they had been indicted in 2020, with a new superseding indictment released just prior to the operation.

The Trump administration, which authorized the mission, characterized it as a law enforcement action supported by the military, asserting the President's 'inherent constitutional authority' to undertake such an operation. Secretary of State Marco Rubio further defended the action, stating it was an arrest of 'two indicted fugitives of American justice' and that the Department of Defense supported the Department of Justice in this effort.

Legal Experts Question Lawfulness and Congressional Authority

The operation has been met with widespread condemnation and legal challenges, particularly concerning the lack of prior congressional approval and its implications under international law. Numerous legal experts and international law scholars have argued that the US action constitutes a clear violation of international law and Venezuelan sovereignty.

Experts such as Geoffrey Robertson KC, a former president of the UN war crimes court, stated that the attack was contrary to Article 2(4) of the UN Charter, which prohibits the use of force against the territorial integrity or political independence of any state. Elvira Domínguez-Redondo and Susan Breau, professors of international law, echoed these sentiments, describing the operation as a 'crime of aggression' and an 'unlawful use of force,' noting that it lacked UN Security Council authorization or justification as self-defense.

Congressional Oversight and White House Justification

Within the United States, the absence of congressional authorization for the military action drew immediate and strong criticism from lawmakers across the political spectrum. Democratic lawmakers, including Senator Bernie Sanders, Representatives Jim McGovern, Alexandria Ocasio-Cortez, and Rashida Tlaib, called for an immediate end to what they termed an 'illegal military operation' and raised concerns about undermining constitutional limits on presidential power. House Minority Leader Hakeem Jeffries demanded immediate briefings and 'compelling evidence to explain and justify this unauthorized use of military force.'

President Trump defended the decision not to notify Congress in advance, stating that lawmakers 'tend to leak things,' which could have jeopardized the mission. However, critics pointed to the US Constitution, which assigns Congress the sole power to declare war, and the 1973 War Powers Resolution, which requires presidential reporting to Congress on military engagements.

International Reactions and Future Implications

The international community largely condemned the US operation. Countries including China, Cuba, Colombia, and France issued strong statements, with China's foreign ministry describing it as 'hegemonic behavior' that 'seriously violates international law' and 'threatens peace and security in Latin America and the Caribbean.' Colombia's President Gustavo Petro reaffirmed commitment to the UN Charter and rejected 'any unilateral military action.'

The legal complexities were further compounded by President Trump's statements that the US would 'run' Venezuela until a 'safe, proper and judicious transition' could be achieved, which legal experts noted contradicted the administration's claim of a purely law enforcement operation. Following Maduro's capture, Vice President Delcy Rodríguez assumed the role of acting president in Venezuela. Reports indicate that the operation resulted in over 40 fatalities, including civilians and 32 Cuban military and security personnel, while the US reported two injured personnel.