US Military Intervention in Venezuela Undermines International Law
TL;DR
- The US military action in Venezuela, by seizing a head of state with military force, constitutes an act of aggressive war violating the UN Charter, setting a dangerous precedent for executive war-making power.
- Trump's justification for the Venezuela operation by referencing the 1989 Panama invasion bootstraps problematic legal reasoning, creating a self-reinforcing mechanism for executive power at the expense of constitutional checks.
- The Venezuela operation, framed as law enforcement, represents a dangerous escalation of executive authority, equating military intervention with a police action and undermining the constitutional process for declaring war.
- The Trump administration's approach to foreign policy, particularly the Venezuela intervention, signals a shift from the post-World War II order to a pre-World War I model of spheres of influence and great power competition.
- By disregarding established international laws and norms, the US risks dismantling the very structures designed to prevent global conflict, potentially unleashing chaotic forces beyond control.
- The Venezuela operation, combined with pressure on Ukraine, signals to Europe that it is left to confront Russian aggression alone, potentially weakening NATO and emboldening Putin.
- The "America First" ethos, as demonstrated by the Venezuela intervention, is not isolationist but rather a doctrine of asserting dominance within a US-defined sphere of influence, prioritizing national interests through liberal use of force.
Deep Dive
The Trump administration's military action in Venezuela to capture Nicolas Maduro represents a dangerous departure from established international norms, prioritizing unilateral action and a transactional view of global order over the post-World War II framework designed to prevent large-scale conflict. This act, framed as a law enforcement operation but executed as an act of war, signals a return to a pre-World War I mentality of spheres of influence and great power competition, with potentially devastating consequences for global stability.
The operation's justification, drawing on past U.S. military interventions and a novel legal argument linking indictments to military enforcement, fundamentally undermines the constitutional separation of powers and the established processes for declaring war. This approach short-circuits international law and sets a perilous precedent for future executive overreach. The administration's rhetoric, emphasizing American dominance in its perceived sphere of influence, mirrors an autocratic playbook that prioritizes projecting power and majesty over fostering genuine peace, prosperity, or human rights. This transactional view of foreign policy, where military action is a tool to assert dominance rather than a last resort in a lawful framework, aligns with a worldview that echoes 19th-century gunboat diplomacy, posing a significant threat to the existing, albeit imperfect, international order.
The broader implications of this action are deeply concerning, particularly in its interaction with ongoing geopolitical crises. The Venezuelan operation shares a similar operational design with Russia's initial invasion of Ukraine, both envisioning swift decapitation of leadership under the guise of liberation. This parallel, coupled with Trump's pressure on Ukraine to accept disadvantageous peace terms, suggests a broader strategy of ceding ground to Russian aggression in Europe, leaving allies exposed. Furthermore, the Trump administration's consistent challenge to multilateral institutions and international law, from its stance on Ukraine to its rhetoric regarding Gaza, has shattered an 80-year hope for a humanistic world order rooted in justice and the affirmation of human dignity. The implications for the future of international justice are stark, potentially dealing a fatal blow to the hope for a world order that extends beyond preventing global war to actively protecting human life and dignity.
The MAGA movement's embrace of this intervention reveals that its foreign policy stance is less about principled isolationism and more about a personality cult centered on Donald Trump's perceived success. The operation, executed successfully and without American casualties, plays into Trump's narrative of strength and decisive action, overshadowing any ideological discomfort within the base. This willingness to act unilaterally and aggressively within its perceived sphere of influence, driven by a desire for power and majesty rather than peace and prosperity, risks unleashing chaotic forces beyond control. The historical wisdom embedded in international laws and norms is being disregarded, creating a dangerous environment where the potential for future conflict is amplified, largely immune from public scrutiny and accountability at home, until a crisis emerges that forces domestic attention.
Action Items
- Audit US military action justifications: Analyze 3-5 past operations for legal and ethical precedents (ref: Venezuela operation).
- Draft runbook for international law adherence: Define 5 key principles for military intervention to prevent future lawless actions.
- Measure impact of US unilateralism: Track 3-5 instances of international norm erosion due to US actions post-WWII.
- Evaluate "America First" rhetoric: Analyze 3-5 policy decisions for alignment with spheres of influence vs. isolationism.
Key Quotes
"You know I I would say the very first thought that came to mind was the ends do not justify the means here I'm very pleased to have Maduro gone from Venezuela however I'm not pleased in the way that it was done and my concerns about the latter far outweigh my happiness or satisfaction about the former"
David French expresses immediate concern about the method used to capture Nicolas Maduro, prioritizing the legality and ethical implications of the action over the desired outcome of removing him from power. French argues that the "ends do not justify the means," indicating a belief that even a positive result cannot excuse an improper or unlawful process.
"Well I'm impressed with how civilized David's first reaction to to the news is mine was probably not fit for a family newspaper but I agree and I was looking at it partly through the eyes of a lot of Russian dissidents who I think in uh in our dreams we see somebody swooping in and removing Putin but not like this because yeah I agree that the ends don't justify the means and the means here are the means of really demolishing any semblance of hope for for international law for respect for norms for a post World War II order that we hadn't still given up hope of creating"
Masha Gessen shares David French's sentiment regarding the means used in the Maduro capture, extending the concern to the broader implications for international law and the post-World War II order. Gessen suggests that such actions, even if aimed at removing a dictator, undermine the very foundations of international norms and respect for established legal frameworks.
"So first it's uh it's an aggressive war it's an aggressive war waged in violation of without legal justification for aggressive war in violation of the UN Charter that we are party to by the way ever since the first World War the western powers have been trying to come to a world order or a world consensus against the notion of aggressive war without a direct attack on the United States or an act of collective self defense according to treaty for example going in and seizing the head of state with military force is an act of war"
David French asserts that the military action against Venezuela constitutes an aggressive war, violating the UN Charter and lacking legal justification. French emphasizes that seizing a head of state through military force is an act of war, particularly when not in response to a direct attack on the United States or a treaty-based collective self-defense.
"The problem for for us as we're looking at it is really there's just no real comparison between the two in the sense of what were the events leading up to it right before the invasion of Panama the Panamanian government declared a state of war against the US so that's a big difference number two the Panamanian government had killed a marine seriously injured another had taken another into custody where they had brutally beaten him so you had direct attacks on American military forces you had not congressional authorization for war but you had a bipartisan consensus here you had some congressional action afterwards as well that essentially ratifies much of the act of the president's action that's a very very different from here this is completely unilateral"
David French distinguishes the Venezuela operation from the 1989 invasion of Panama, highlighting key differences in the preceding events and the level of justification. French points out that Panama had declared a state of war and attacked U.S. military personnel, unlike the Venezuela situation, which he characterizes as completely unilateral and lacking comparable justification.
"The problem for us as we're looking at it is really there's just no real comparison between the two in the sense of what were the events leading up to it right before the invasion of Panama the Panamanian government declared a state of war against the US so that's a big difference number two the Panamanian government had killed a marine seriously injured another had taken another into custody where they had brutally beaten him so you had direct attacks on American military forces you had not congressional authorization for war but you had a bipartisan consensus here you had some congressional action afterwards as well that essentially ratifies much of the act of the president's action that's a very very different from here this is completely unilateral"
David French argues that the justification used for the 1989 invasion of Panama, which involved direct attacks on U.S. military forces and bipartisan consensus, is fundamentally different from the unilateral action taken in Venezuela. French explains that the prior events in Panama provided a clearer, albeit still debated, basis for military intervention, contrasting it with the current operation's lack of such specific provocations.
"Imagine if you had an indictment of Donald Trump for say some sort of financial crime in the United Kingdom or France or whatever and they execute a raid in the White House with air support would we sit there and go what a spectacular police operation that was just executed no everyone would know that was a brazen act of war and there is there's nothing civilian about this despite the fig leaf of the FBI presence in the actual attack"
David French uses a hypothetical scenario to illustrate the absurdity of framing the Venezuela operation as a law enforcement action rather than an act of war. French posits that if foreign powers raided the White House to arrest a U.S. president, it would unequivocally be seen as an act of war, regardless of any nominal civilian presence.
"And as for Putin I think that early on on Saturday there were some commentators who sort of said oh Putin is probably upset because Maduro was his ally Venezuela has been historically an ally of Russia but I think actually this operation comports with Putin's worldview perfectly he views the world as a place that some very powerful men can carve up they can make backroom deals and they can decide where their spheres of influence are it's sort of the other post World War II order it's not the the legal order the liberal order that we usually refer to it's not race based it's not human rights based it's men sitting around in Yalta saying you take that and we'll leave you alone and we'll take this and this is exactly what Putin has been advancing in his speeches and his articles and in his actions for more than a decade"
Masha Gessen suggests that Vladimir Putin would likely view the Venezuela operation as consistent with his own worldview of great power politics and spheres of influence. Gessen explains that Putin sees the world as one where powerful men make deals and divide influence, a model that contrasts with the liberal, rights-based international order and aligns with historical precedents like the Yalta Conference.
"The reason why we have this much maligned world order to begin with is the architects of it almost all of them had been through two world wars by that point you know World War I was so catastrophic it was called the war to end all wars and it had roughly 16 17 18 million people who died in it well the structures and institutions designed to prevent a World War II failed utterly and largely because we didn't participate in them and so then we had a World War II that was even worse than World War I beyond human imagination how bad it was and so after World War II we try again we try again with what are the institutions that we can create that can prevent a
Resources
External Resources
Books
- "The End of History and the Last Man" by Francis Fukuyama - Mentioned in relation to the idea of a post-World War II order.
Articles & Papers
- "The End of History and the Last Man" (Source not specified) - Mentioned in relation to the idea of a post-World War II order.
People
- Francis Fukuyama - Author of "The End of History and the Last Man."
- Mitt Romney - Mentioned in relation to a 2012 presidential debate comment about foreign policy.
- Manuel Noriega - Mentioned in relation to the 1989 invasion of Panama.
- George H.W. Bush - Mentioned in relation to a hypothetical scenario involving an indictment.
- Vladimir Putin - Mentioned in relation to his worldview and actions in Europe and Ukraine.
- Nicolas Maduro - Mentioned as the head of state captured in Venezuela.
- Zelenskyy - Mentioned as the democratically elected president of Ukraine.
- Donald Trump - Mentioned in relation to his foreign policy actions and rhetoric.
- Marjorie Taylor Greene - Mentioned as a former Trump ally who criticized his focus on foreign policy.
- Patrick Buchanan - Mentioned as an example of an old-school, paleo-conservative.
- Jimmy Carter - Mentioned in relation to the Desert One fiasco.
- Stephen Miller - Mentioned as a senior Trump aide who reportedly favored the Venezuela attack.
- Carl von Clausewitz - Mentioned in relation to the concept of war as an extension of policy.
- Kissinger - Mentioned in relation to a more "Kissingerian" approach to foreign policy.
Organizations & Institutions
- GiveWell - Mentioned as a supporter of the podcast that researches high-impact charitable opportunities.
- New York Times Opinion - Mentioned as the source of the podcast and its editors/columnists.
- UN (United Nations) - Mentioned in relation to international law and the prevention of aggressive war.
- UN Security Council - Mentioned as a structure created after World War II to prevent global war.
- FBI (Federal Bureau of Investigation) - Mentioned in relation to a hypothetical law enforcement action.
- NATO - Mentioned in relation to the potential consequences of seizing Danish territory.
- IMF (International Monetary Fund) - Mentioned as part of the economic order built after World War II.
- World Bank - Mentioned as part of the economic order built after World War II.
Other Resources
- The Monroe Doctrine - Mentioned as a historical concept influencing US foreign policy in its sphere of influence.
- Yalta - Mentioned as the site of a summit determining the post-war territorial order in Europe.
- World War I - Mentioned as a catastrophic event leading to attempts at establishing world order.
- World War II - Mentioned as an even worse event that prompted further attempts at establishing world order.
- Post-World War II Order - Mentioned as a system designed to prevent global war and promote humanism.
- MAGA (Make America Great Again) - Mentioned in relation to Trump's foreign policy and its base.
- America First - Mentioned as a concept that, in the Trump administration, signifies spheres of influence rather than isolationism.
- Gunboat Diplomacy - Mentioned as a historical approach to foreign policy.
- Cold War - Mentioned in relation to a potential spheres of influence dynamic.
- International Law - Mentioned in relation to the justification of military actions.
- UN Charter - Mentioned as a document violated by aggressive war.
- International Justice - Mentioned as a project facing a crisis point, particularly in relation to Ukraine and Gaza.
- War Crimes - Mentioned as something international justice aims to protect against.
- Asylum Seekers - Mentioned as a group protected under the intended international order.
- Hybrid Warfare - Mentioned in relation to Russian actions in Europe.
- Article 5 - Mentioned in relation to NATO's collective defense clause.
- Nobel Peace Prize - Mentioned as a potential aspiration for Trump.
- The Epstien Files - Mentioned as an example of a scandal that did not significantly divide Trump and his base.
- The Mother of All Bombs - Mentioned as an example of a military action that garnered television attention.
- Withdrawal from Afghanistan - Mentioned as a significant event during the Biden administration that Trump may be contrasting his actions against.