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NSU Undergraduate Law Journal

Abstract

This paper examines the complex legal and political issues that came from the capture of Nicolás Maduro by United States authorities, an event that has generated controversy in both domestic and international legal debate. It begins by providing the necessary background of Maduro’s rise to power, his role as president, and the broader political and economic conditions of Venezuela under his administration. The paper then analyzes the criminal charges brought against him in U.S. federal court, including allegations of narco-terrorism, conspiracy to import cocaine, and related offenses tied to alleged collaborations with transnational criminal organizations. Building on this foundation, the analysis turns to a critical evaluation of the legal strength of these charges, emphasizing concerns raised by commentators regarding the sufficiency and reliability of the evidence presented, particularly considering the reliance on conspiracy-based allegations and cooperating witnesses. The paper further addresses the significant jurisdictional questions raised by the United States’ assertion of authority over a foreign head of state, including the implications of extraterritorial capture and the extent to which existing doctrines permit prosecution despite potential violations of international law. In addition, it considers the broader international law concerns triggered using force within another sovereign state, as well as the tension between domestic enforcement objectives and principles of sovereignty. Finally, the paper evaluates whether the Alien Tort Statute may provide a viable legal framework for addressing alleged violations of international law in this context, assessing its potential to serve as a mechanism to prevent impunity while also recognizing its doctrinal limitations. The paper argues that although the allegations against Maduro are serious, the case presents substantial legal, evidentiary, and jurisdictional challenges that complicate the legitimacy and long-term implications of the prosecution.

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