President Donald Trump on Monday (Feb. 19) stopped short of expressly threatening military action in Venezuela when he urged the country to remove its disputed socialist president, Nicol谩s Maduro, and to allow humanitarian aid to enter the country.
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Trump condemned socialism and voiced strong support for the self-proclaimed interim president Juan Guaid贸, but professor and renowned expert on international law, raised concerns about Trump鈥檚 statement: 鈥淲e seek a peaceful transition of听power, but all options are open.鈥� She says if that means attacking, it would be in clear violation of international law.
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鈥淧resident Trump has invoked the standard code for using military force against Venezuela,鈥� O鈥機onnell says. 鈥淎ttacking for any reason, however, would violate the most fundamental of all international law 鈥� the prohibition on the use of force. International law permits force in response to an armed attack in self-defense, but not for regime change, to secure oil or even to distribute food.鈥�
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Venezuela鈥檚 government听closed down a听maritime border and grounded flights听as the opposition party seeks to import foreign aid. People in the country are struggling to get enough food and medicine, but Maduro鈥檚 government is trying to prevent aid from getting in. He says the country doesn鈥檛 need it, though conditions have been so dire that more than 3 million people have fled Venezuela.
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鈥淩egardless of how odious Maduro is, he is in effective control,鈥� O鈥機onnell says. 鈥淯nder international law, he is treated as the head of government. The fact the U.S. and other states have recognized opposition leader Guaid贸 as the legitimate president is irrelevant for these purposes. Guaid贸 must win the support of the military and other Maduro backers to govern. It is governing that matters, not the preferences of outside states.鈥�
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O鈥機onnell says military action will cause as much pain as it might relieve for suffering Venezuelans.
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鈥淭here are no 鈥榟umanitarian wars,鈥欌�� she says. 鈥淣or is military confrontation a way to promote good governance and the rule of law. The U.S. has become so accustomed to using military force 鈥� from full-scale invasions to constant drone attacks 鈥� we don鈥檛 seem to be able to think of anything else to do.
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鈥淏ut the world is changing. The U.S. is no longer the only superpower. We cannot dictate terms to others. A country in our position needs the law to constrain competitors and to promote cooperation. We cannot dismiss international law as only binding on other states. Indeed, the U.S. needs law more than ever to constrain imperious presidents 鈥� at home and abroad.鈥�
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O鈥機onnell, the University of Notre Dame鈥檚 Robert and Marion Short Professor of听Law听and research professor of international dispute resolution, is author of听鈥�,鈥� published in the Ohio Northern Law Review, and is听co-author of 鈥淪elf-Defense against Non-State Actors.鈥�
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Last spring, O鈥機onnell served as a Fulbright Fellow at the Norwegian Nobel Institute.听She also has been a professional military educator for the U.S. Department of Defense.
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Contact:听Mary Ellen O鈥機onnell,听