Venezuela
112 Articles

The Trump Administration’s Theory of Constitutional War Powers: “The President Could Decide”
The legal memo justifying its Venezuela operations provides insight into the administration's use-of-force decisions and the factual evidence undergirding them.

U.S. Allies and Adversaries’ Reactions to Operation Absolute Resolve to Capture Maduro: UN Security Council Emergency Meeting
Key excerpts from the Jan. 5 U.N. Security Council meeting on the U.S. operation that captured Venezuela’s Nicolás Maduro.

The OLC Maduro Memorandum: Assisting in War Sustaining Activities is Not Direct Participation in Hostilities
A troubling OLC memo claims civilians aiding “war-sustaining activities” can be lawfully targeted—an unsupported interpretation that weakens civilian safeguards.

Five War Powers Takeaways from the Senate’s Venezuela Hearing
The Senate's hearing with Rubio offered little solace to those concerned about the use of force against Venezuela.

Arbitrary Killings or War Crimes? Why It Matters How the U.S. Strikes in the Caribbean Are Categorized
Analysis of U.S. military strikes in the Caribbean and the legal consequences of classifying them as arbitrary killings or war crimes under international law.

Can the U.S. Government Be Sued for Wrongful Death in a Caribbean Boat Strike?
In Burnley v. United States, relatives sue on behalf of two Trinidadian men killed in a boat strike, confronting U.S. sovereign immunity and the political question doctrine.

Is President Maduro a Prisoner of War?
Three theories by which POW status might attach to a person in Maduro’s position, and the consequences of entitlement to that status.

Using an Unmarked Aircraft to Attack an Alleged Drug Boat: Is it Perfidy?
Did the Sept. 2 strike on suspected drug traffickers using an unmarked aircraft violate the prohibition on perfidy, or other LOAC rules, had there been an armed conflict?

A Law of the Sea Assessment of the U.S. boarding of the Bella 1 / Marinera
Based on the publicly available information to date, it is difficult to sustain the lawfulness of the U.S.-led and UK-supported seizure of the Marinera.

War Powers, Venezuela, Drug Boats, and Congress
The last year of unauthorized military interventions and the president’s threats should spur Congress to reassert its constitutional prerogatives over the use of force.

U.S. Intelligence in a Post-Maduro Venezuela
Intelligence has a central role to play in capitalizing on the successful capture of Maduro and stabilizing post-Maduro Venezuela, demonstrating U.S. capabilities and resolve.

Trump’s New Year Foreign Policy: The Risk that the Bold and the Bad Outweigh the Constructive
Trump’s foreign policy remains an inconsistent array of initiatives and adventures: bold in Latin America, bad in Greenland, yet often constructive on Ukrainian security.