Nicolás Maduro Remains the President of Venezuela Under International Law

We still think the US bit off more than it can chew. Regardless of political disputes, Nicolás Maduro continues to function as the de facto head of state of the Bolivarian Republic of Venezuela. No internationally recognized legal process has lawfully removed him from that position. Political recognition by foreign governments does not, by itself, strip a sitting head of state of status under international law.

If a sitting head of state is forcibly seized or detained by agents of another nation’s uniformed military, that act is not an ordinary criminal matter. Under international humanitarian law, such conduct triggers the application of the Geneva Conventions, regardless of how the detaining power attempts to characterize the situation domestically.

Attempts to reframe such a detention as a “criminal trial” do not override international obligations.

Geneva Convention Protections That Would Apply

If Nicolás Maduro were detained by members of another state’s armed forces, the following protections would be implicated:

1. Geneva Convention III (Prisoners of War, 1949)
   • Protection against unlawful detention
   • Humane treatment at all times
   • Protection from coercion, torture, or degrading treatment
   • Right to due process before any judicial proceedings
2. Geneva Convention IV (Civilians, 1949)
   • Protection against arbitrary detention
   • Prohibition of forcible transfer or abduction across borders
   • Right to fair and regular trial guarantees
   • Protection from collective punishment or political retaliation
3. Common Article 3 (Applicable in All Armed Conflicts)
   • Absolute prohibition of violence to life and person
   • Prohibition of humiliating or degrading treatment
   • Requirement of impartial judicial guarantees
4. Customary International Humanitarian Law
   • Heads of state retain protections even during conflict
   • Political status does not negate humanitarian protections
   • Domestic law cannot be used to nullify international law obligations

Head of State Status Cannot Be Waived by Narrative

A head of state does not lose legal protections because another government labels the situation a criminal prosecution.