The swearing-in of Nicolás Maduro on January 10, 2025, after widely questioned elections, not only represents an act of disdain for the will of the people but also involves a series of violations of laws and international treaties, as well as the Constitution of Venezuela. Meanwhile, the Biden administration remains silent while many countries in the region demand the investiture of Edmundo González Urrutia.
Constitution of the Bolivarian Republic of Venezuela
Article 5 establishes that sovereignty resides in the people, who have the right to choose and be chosen. Maduro’s intention to assume a third term occurs in the context of fraud allegations, which delegitimizes his election.
Article 232 indicates that if the elected president does not assume office under the established terms, new elections must be called. By taking the oath, Maduro ignores the election results and the will of the electorate, as his main competitor, Edmundo González Urrutia, has claimed victory.
Article 350 allows citizens to disobey a government that does not respect human rights and democracy. Maduro’s swearing-in under these conditions can be seen as an act that justifies civil disobedience.
International Covenant on Civil and Political Rights: This treaty, ratified by Venezuela, guarantees the right to free and fair elections. The lack of transparency and allegations of electoral fraud in the July elections are contrary to this covenant.
American Convention on Human Rights: This treaty establishes the right to political participation and free elections. The actions of Maduro’s government in the electoral process violate this fundamental principle.
Loss of Legitimacy and Diplomatic Protection
With Maduro’s swearing-in, he and his inner circle not only lose legitimacy before the international community but also find themselves in a precarious legal situation that could result in the loss of all diplomatic protection. From this moment on, they face serious legal consequences for the multiple accusations against them, which include:
Drug Trafficking: Maduro and several members of his administration are accused of being involved in drug trafficking networks, which have been the subject of investigations by international agencies, including the DEA.
Money Laundering: There is evidence that the regime has been involved in money laundering schemes, using the international financial system to hide illegal profits.
Human Rights Violations: International organizations have documented numerous human rights violations under Maduro’s regime, including torture, extrajudicial killings, and repression of political opponents.
Homicides, Kidnappings, and Forced Disappearances: State security forces are accused of carrying out systematic practices of homicide and kidnapping of opponents, as well as forced disappearances of citizens.
Illicit Enrichment: Endemic corruption within the government has led high-ranking officials to accumulate great wealth illegally.
State Terrorism: The violent repression of protests and peaceful demonstrations has been classified by some analysts as state terrorism, given the disproportionate use of force by authorities.
Legal Consequences
As of January 10, 2025, members of Maduro’s regime can be arrested at any time, as rewards for their capture have been increased by several countries. The loss of diplomatic protection exposes them to international justice and the possibility of being tried for crimes against humanity. This situation could lead to cooperation among different nations to carry out their capture and prosecution, making their position increasingly unsustainable and vulnerable.
Lost International Protection Laws by Nicolás Maduro and His Regime
With Nicolás Maduro’s swearing-in on January 10, 2025, in a context of electoral fraud allegations and human rights violations, his regime has lost several laws and international protection mechanisms that previously could have granted him some coverage. Below are the main international protection laws and treaties that are affected:
International Covenant on Civil and Political Rights (ICCPR): This treaty establishes fundamental rights that must be guaranteed to all individuals, including the right to participate in political and public life. The lack of free and fair elections, as well as the repression of the opposition, undermine the legitimacy of Maduro’s government under this covenant. By not respecting these rights, the regime loses the protection that this treaty might have offered.
American Convention on Human Rights (ACHR): The ACHR protects essential rights, including political participation and the protection of human rights. The systematic violation of human rights in Venezuela, such as torture and killings, as well as the lack of transparent elections, delegitimize any protection that the regime might claim under this convention.
United Nations Principles on the Protection of Human Rights: The United Nations Principles on the Protection of Human Rights establish minimum standards that governments must comply with. By ignoring allegations of human rights violations and failing to ensure a safe environment for the opposition, Maduro and his regime lose the protection that these principles offer.
Rome Statute of the International Criminal Court (ICC): The Rome Statute establishes the jurisdiction of the ICC over war crimes, crimes against humanity, and genocide. Allegations of serious human rights violations and crimes against humanity in Venezuela may lead to investigations and prosecutions. The Maduro regime, being considered responsible for these crimes, can no longer invoke protection under the Statute.
Bilateral Treaties and Cooperation Agreements: Many countries have bilateral treaties that guarantee rights and protection to leaders and government officials. However, with the loss of legitimacy and growing international isolation, it is likely that these agreements will become ineffective. Nations that once could provide diplomatic support or protection are now more inclined to cooperate in legal actions against them.
Consequences of the Loss of International Protection
The loss of these laws and international protection mechanisms has various repercussions:
Legal Exposure: Maduro and his inner circle are exposed to legal actions in international and national courts, with the risk of arrest and prosecution for serious crimes.
Diplomatic Isolation: The lack of recognition and international support may lead to greater isolation, hindering economic and political cooperation.
Rewards for Capture: Increase in rewards for their capture, facilitating their arrest by countries seeking justice for human rights violations.
Attendees at Nicolás Maduro’s Inauguration: International Implications
Nicolás Maduro is preparing to be sworn in on January 10, 2025, at the Federal Legislative Palace in Caracas, marking his third term after controversial elections. Despite allegations of electoral fraud, several governments have confirmed their attendance at the ceremony, raising important implications for regional and international politics.
Confirmed Attendees
Among the dignitaries who have confirmed their presence are:
Viacheslav Volodin (Russia): President of the State Duma, will represent Russia at the ceremony, emphasizing Moscow’s continued support for Maduro’s regime.
Milton Rengifo (Colombia): Colombian ambassador in Caracas, will represent Colombia at the inauguration, given that President Gustavo Petro has decided not to attend, citing a lack of freedom in the elections.
Representative of the Mexican Government: Although President Claudia Sheinbaum will not attend, it has been indicated that a representative or the ambassador to Venezuela will be present.
Glivânia Maria de Oliveira (Brazil): The Brazilian ambassador in Caracas also plans to attend if the invitation for the ceremony is formalized.
Celinda Sosa (Bolivia): The Bolivian chancellor is expected to lead her country’s delegation, as President Luis Arce will not be able to attend due to his agenda.
Miguel Díaz-Canel (Cuba): The Cuban president has confirmed his attendance, reflecting the close ties between the two countries and Cuba’s unconditional support for Maduro’s regime.
Manuel Zelaya (Honduras): The former Honduran president has also announced his presence, symbolizing the solidarity of leftist leaders in the region with Maduro’s government.
Implications of the Attendance
The attendance of these dignitaries at Maduro’s inauguration has several implications:
Legitimization of the Regime: The presence of official representatives from countries such as Russia, Colombia, Mexico, Brazil, Cuba, and Honduras can be seen as a form of legitimization of Maduro’s government, despite international criticism.
Regional Division: The decision of some governments to send representatives while others do not recognize Maduro reflects a growing polarization in Latin America. This could exacerbate political and diplomatic tensions in the region.
Strengthening Alliances: The attendance of Russia and other allied countries reinforces Maduro’s narrative that his government has the backing of external powers, which could influence his stance against sanctions and international pressure.
Opposition Response: Maduro’s swearing-in occurs in a context of discontent and resistance from the opposition, led by Edmundo González Urrutia, who also considers himself the winner of the elections. This could lead to an increase in internal tension and protests.
Conclusion
Nicolás Maduro’s swearing-in in the context of fraud allegations and constitutional violations not only marks a milestone in Venezuela’s political crisis but also highlights the loss of various international protection laws and treaties that could have provided some form of coverage for his regime. The international community, increasingly attentive to human rights violations, is prepared to act, which could have serious consequences for Maduro and his administration.
Maduro’s inauguration represents a crucial moment for Venezuela, as his legitimacy and the international protection he once had crumble. This opens the door to possible legal actions and increased international pressure on a regime facing growing discontent, both nationally and globally.
The governments attending this ceremony, such as Russia, Cuba, and other allies, seek to maintain their geopolitical and economic interests in the region, while their support for Maduro’s illegitimacy may be seen as a strategy to counter the influence of the United States and other actors in Latin America. These countries may be looking to secure trade agreements, access to natural resources, or even establish military alliances, further complicating the political situation in Venezuela and the region.
By
William Acosta, NYPD, (Ret)
Jesús Daniel Romero, USN, (Ret)
