Venezuela's Maduro asserts immunity, urges US judge to dismiss charges

Venezuelan President Nicolas Maduro has requested a US judge to dismiss drug trafficking charges against him, asserting his immunity as the head of a sovereign nation. The charges, filed in Manhattan federal court, led to the US military's January 3 raid on Caracas and Maduro's subsequent capture. Maduro, who has been detained in a Brooklyn federal jail, has pleaded not guilty and is set to stand trial in June 2027, should his attempt to have the charges dropped fail.

The assertion of immunity by Maduro aims to challenge the US courts' reluctance to apply international law in criminal cases. The principle that sitting heads of state are immune from prosecution abroad is a long-standing tenet of international law considered fundamental to diplomacy. Maduro's lawyer, Barry Pollack, made the immunity claim in a motion to dismiss the indictment, arguing that the acts Maduro is accused of were part of his official duties and that sovereign heads of state enjoy absolute immunity from criminal jurisdiction.

Legal experts have indicated that Maduro faces a difficult situation. Washington no longer recognizes Maduro as Venezuela's president since 2019, and courts generally defer to the US president and his cabinet in disputes over foreign leaders' recognition. Similar cases in the past, such as that of former Panamanian military leader Manuel Noriega, have not been favorable for heads of state seeking immunity.

Despite the US's assessment that Maduro lacks legitimacy, Pollack maintains that Washington's position is irrelevant, as the Executive Branch did not dispute Maduro's status as Venezuela's head of state.