International news portals are flooded with Venezuela attacks by the United States of America followed by the capture of President Maduro. The question of whether one country can lawfully attack another to capture its President and impose its own rule strikes at the heart of modern international law. History offers numerous examples of invasions, coups, and regime changes brought about by force. However, the contemporary international legal order, particularly after the Second World War, was deliberately designed to prevent precisely such conduct. Today, the short and clear answer is NO. International law does not permit a state to use force against another state to seize its leadership or govern it under foreign rule.
This blog discusses the legal framework governing the recent Venezuela attack. It further highlights the narrow exceptions to prohibition on the use of force, and the consequences of violating these rules.
The Foundational Rule against Force
The cornerstone of modern international law is found in the United Nations Charter, adopted in 1945. Article 2(4) of the Charter obligates all member states to refrain from:
“the threat or use of force against the territorial integrity or political independence of any state.”
This provision establishes a near-absolute ban on military aggression. An attack aimed at capturing another country’s president or overthrowing its government directly violates this rule because it targets both political independence and sovereignty. Sovereignty means that each state has exclusive authority over its internal affairs, including its political system, leadership, and governance. No external power has the legal right to decide who should rule another country.
The Principle of Non-Intervention
Closely related to sovereignty is the principle of non-intervention, which prohibits states from interfering in the internal or external affairs of other states. This principle has been affirmed repeatedly by international courts, including the International Court of Justice (ICJ). Military action designed to remove a sitting president or impose a foreign-backed government is one of the clearest forms of unlawful intervention. Even if a state claims moral, political, or ideological justification, international law does not recognize such reasons as lawful grounds for intervention.
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Regime Change by Force
The concept of regime change, which means the replacement of one government by another through external military force, is not recognized as a lawful objective under international law. The legality of the use of force is judged by purpose and effect, not by political rhetoric. Capturing a President and installing a new government under foreign control constitutes:
- Aggression, as defined under international law
- A violation of the people’s right to self-determination
- An unlawful attempt at occupation or annexation, depending on circumstances
Exceptions to the Prohibition on Force
International law recognizes only narrow exceptions to the prohibition on the use of force. Importantly, none of these exceptions permit capturing a leader or imposing permanent foreign rule.
1. Self-Defense (Article 51 of the UN Charter)
A state may use force if it is the victim of an armed attack. However, self-defense is subject to strict conditions:
- The response must be necessary
- It must be proportionate
- It must aim to repel or neutralize the threat
Self-defense does not authorize:
- Occupying the attacking state
- Overthrowing its government
- Capturing its president for political control
Any action exceeding defensive necessity becomes unlawful.
2. UN Security Council Authorization
The UN Security Council may authorize the use of force to maintain or restore international peace and security. Such authorization is rare and highly specific.
Even when force is authorized:
- It does not permit annexation of territory
- It does not allow permanent foreign rule
- It does not legalize regime change unless explicitly tied to restoring lawful governance (for example, after an illegal coup)
Humanitarian Intervention and Responsibility to Protect
Humanitarian concerns are often cited to justify military action. The doctrine of Responsibility to Protect (R2P) recognizes that international community has a role in preventing genocide, war crimes, ethnic cleansing, and crimes against humanity.
However:
- Right to Protect does not grant unilateral authority to invade another state
- Any military action under R2P requires Security Council approval
- The objective is civilian protection, not political takeover
Using humanitarian language to justify capturing a President and imposing foreign rule is widely regarded as a misuse of the doctrine.
Legal Status of Capturing a Sitting President
Under international humanitarian law and human rights law, capturing a head of state during an unlawful invasion raises serious legal concerns:
- It may constitute arbitrary detention
- It can violate protections afforded to civilians or combatants
- It may trigger individual criminal responsibility for those involved
Heads of State do not lose all legal protections simply by virtue of their office, particularly when captured outside a lawful armed conflict.
Consequences Under International Law
A state that attacks another to seize its leader and impose rule may face significant legal and political consequences, including:
- International sanctions
- Diplomatic isolation
- Condemnation by the UN General Assembly
- Proceedings before international courts or tribunals
Additionally, individuals responsible for planning or executing such aggression may be subject to personal liability for:
- The crime of aggression
- War crimes
- Crimes against humanity (depending on conduct)
Importantly, unlawful occupation does not create legal rights. Control achieved through force does not translate into legitimate governance under international law.
The Right of Self-Determination
At the core of this issue lies the right of people to self-determination, a fundamental principle of international law. This right guarantees that people may freely choose their political status without external interference.
Imposing a foreign ruler or government negates this right and undermines the legitimacy of any resulting political arrangement, regardless of military success or administrative control.
Conclusion
Under contemporary international law, a country cannot lawfully attack another state to capture its president or impose its own rule. Such actions violate the UN Charter, the principles of sovereignty and non-intervention, and the right to self-determination. While limited exceptions to the prohibition on the use of force exist, none authorize regime change or political domination.
The modern legal order seeks to replace power-based conquest with rule-based cooperation. Although violations still occur in practice, they do not alter the law itself. In legal terms, conquest, capture of leadership, and foreign-imposed governance remain firmly prohibited, and rightly so.
