Contemporary Legal Issues in Venezuela's Leadership Crisis and US Sanctions

MEMORANDUM OF ADVICE
TO: Government of Aragua State
FROM: International Legal Officer
DATE: 29th April 2019.
SUBJECT: Contemporary legal issues related to the leadership crisis in
Venezuela and the imposition of sanctions by the United States.
EXECUTIVE SUMMARY
Venezuela is currently facing a political and economic crisis due to the rivalry
of Nicolas Maduro and Juan Guiado and the economic sanctions imposed on them
from the United States. While the action of imposing sanctions is legal , United
States has gone ahead to interfere into internal affairs of Venezuela raising concern
on legal implications if their behavior.
According to the United Nations charter in which both the countries belong to
they are both expected to have equal sovereignty as states despite the fact that
United States is a permanent member of the security council.
While there have been several responses and argument around the matter
whether united states has violated article 2 point 4, it has been clear that united
states has violated not only this article, but it has also gone ahead to threaten
Venezuela, therefore Venezuela need to take a legal action as articulated in the
united nations as part of the solution to their crisis.

ANALYSIS AND RECOMMENDATIONS
Relevant laws and its application
Venezuela is a member of the united nations pursuant to article 3 of the UN
charter due to their participation in UN conferences and signing of declaration ,
therefore, they have equal sovereignty as other members and deserve to be treated
so by other members states as indicated in article 2 point 1.
Even though United States is a permanent member of the security council
pursuant to article 23 point 1, together with other nations it is subjected to
refraining from using any threats or force against other UN states that undermines
their territorial integrity and political independence as per article 2 point 4.
The intervention that United States can take is only when approved by the
united nations or other member of the security council pursuant to article 24 of the
charter and in support of the international humanitarian act or when the united
nations establishes that the country is not able to do so on its own, or when the
country requests for assistance. Article 24 also gives the members of security
council the responsibility to act on their behalf in the first point.
Article 39 mandate the Security Council to determine any kind of threat or
breach to peace, so that they can make recommendations and decisions such as
informing and asking them to comply to the law as per article 41 or take other
severe options as per article 42.
According to customary international law, to interfere in another states
internal affairs is unlawful since a state has the responsibility of running its own

affairs according to the fundamental principles of international law. However, The
terms of intervention are clearly articulated in United Nations Declaration on
Friendly Relations and Cooperation Among States which both Venezuela and United
States belong to.
A state should also refrain from using threat or force against another state
even on claims of maintaining international order in a manner that is inconsistent
with United Nations Charter regarding purpose of the United Nations. Threat in this
case refers to military action or threat of military action. The United States therefore
cannot go past sanctions to start deploying their troops in Venezuela for it will be a
violation of international law.
Customary international law consist of rules that are generally accepted as
laws independent of treaty laws. Even though, unwritten they are legally binding in
accordance with how a state’s compliant behavior. This behavior is seen in either
the states practice or Opinio juris. Venezuela is subjected to these laws based on
their compliance with the customary laws.
Reaction and Responses to the sanction in relation to Venezuelan Crisis
The situation in Venezuela is getting worse since Venezuelan government has rejected
some of these sanctions by the United States an example being the sanction against military
officers of Venezuela. Joe Arreaza, the foreign affairs minister in his official Twitter account
rejected the sanction on March this year as a failed attempt of Washington in fueling the uprising
against the government, however, United States still continue to find ways of interfering with
Venezuelan government and states that are supporting Venezuelan government.