The experts the Guardian spoke to agreed that the US is likely to have violated the terms of the UN charter, which was signed in October 1945 and designed to prevent another conflict on the scale of the second world war. A central provision of this agreement – known as article 2(4) – rules that states must refrain from using military force against other countries and must respect their sovereignty.
“The reality is that America is in breach of the United Nations charter,” he added. “It has committed the crime of aggression, which the court at Nuremberg described as the supreme crime, it’s the worst crime of all.”
Elvira Domínguez-Redondo, a professor of international law at Kingston University, described the operation as a “crime of aggression and unlawful use of force against another country”. Susan Breau, a professor of international law and a senior associate research fellow at the Institute of Advanced Legal Studies, agreed that the attack could have only been considered lawful if the US had a resolution from the UN security council or was acting in self-defence. “There is just no evidence whatsoever on either of those fronts,” Breau said.
The UN security council can impose sanctions on countries in an attempt to maintain peace. These can include trade restrictions, arms embargos and travel bans. However, five members of the council – the US, China, Russia, the UK and France – have a veto on this. (lol)
“Sanctions have to be imposed by the security council and America is a member with a veto,” Robertson said. “This is important, because it shows the security council is a worthless body. A country which breaks international law can avoid condemnation simply by vetoing it … the only body that can act will be eviscerated by the American veto.”
Domínguez-Redondo described the situation as “impossible”. “If the security council cannot decide on sanctions, the countries can choose whether or not to follow them,” she said. “Because the US has veto power, the sanctions are never going to be decided there.”
If the US faces no consequences for the invasion of Venezuela, experts believe it could embolden other countries to carry out operations which may contravene international law.
“The most obvious consequence is that China will take the opportunity to invade Taiwan,” Robertson said. “This is the most appropriate time for it to do so, bolstered by the precedent of Trump’s invasion of Venezuela and of course his appeasement of Russia in its invasion of Ukraine. In fact, I would say that Trump’s invasion of Venezuela is the crime of aggression,
the same crime Putin has committed by invading Ukraine.”
Domínguez-Redondo added that it could further weaken the UN security council. “The security council was the prevention mechanism for the third world war,” she said. “This has been completely dismantled, mainly by the US.