Maduro to test US courts' reluctance to apply international law
FOR more than a century, in cases involving defendants ranging from a 19th century Chicago bank clerk charged with theft to a Central American dictator accused of drug trafficking, United States judges have rejected arguments that alleged violations of international law or treaty obligations should result in dismissal of criminal indictments.
For over a century, United States judges have consistently dismissed arguments that alleged breaches of international law or treaty obligations should lead to the dismissal of criminal indictments. Ousted Venezuelan president Nicolas Maduro is set to challenge this precedent with motions claiming his drug trafficking case should be dismissed.
Maduro, 63, has pleaded not guilty. His lawyer, Barry Pollack, argues Maduro is immune from prosecution as the head of a sovereign state and questions the US military's 3 January raid on oil-rich Venezuela. Despite the generally accepted international law shielding sitting heads of state from prosecution in other countries' courts, US criminal cases involving foreign leaders or individuals forcibly captured abroad are exceedingly rare.
Previous cases similar to Maduro's have not favored him. US courts tend to follow the executive branch in disputes over who is recognized as a foreign leader, and the US has not recognized Maduro as Venezuela's president since 2019. In the few instances where this issue has arisen, courts have essentially accepted the executive branch's decision to bring charges as a determination of non-immunity.
Prosecutors are anticipated to argue that the US has not recognized Maduro since his 2018 inauguration following an election the US deemed fraudulent, while Maduro maintains both elections were fair. The legal precedent tends to favor prosecutors, with experts pointing to former Panamanian dictator Manuel Noriega's unsuccessful attempt to assert head-of-state immunity after his capture by US military in Miami on drug trafficking charges.
The current authorities in Venezuela may influence US District Judge Alvin Hellerstein's decision, as they have recently described Maduro as Venezuela's rightful president and demanded his return. Although the manner of Maduro's capture could be raised as a defense, US courts have traditionally held that the manner of a defendant's capture cannot preclude prosecution.
Written by urgent.news from New Straits Times's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
