Law Professor Claire Finkelstein on the Illegality of the Monroe Doctrine and US Actions

Illegality of US Actions in Venezuela

• ⚖️ The raid to capture Nicolas Maduro is deemed illegal under international law and US law due to failure to consult Congress.
• ⚠️ It violates Article 24 of the UN Charter, constituting an illegal use of force without a basis in emergency self-defense.
• 🎯 The Trump administration's claim of defending against a narco-terrorist regime is disputed, as the primary drug issue (fentanyl) is not linked to Venezuela, and cocaine trafficking primarily goes to other countries.

US Law and Presidential Immunity

• 🏛️ The US Supreme Court's ruling in Trump v. United States declared the president immune for official capacity acts, leading to a belief of being above the law.
• 🛡️ In the first Trump administration, advisors acted as "guard rails," a restraint that is now absent, enabling more aggressive actions.

The Monroe Doctrine and International Sovereignty

• 🗺️ The Monroe Doctrine is described as a political doctrine about Western hegemony, not law, and is considered unacceptable in the modern world.
• 🚫 Applying the Monroe Doctrine to US interests is compared to allowing Vladimir Putin to control former Soviet bloc countries, highlighting its violation of international sovereignty.
• 🌍 The modern era emphasizes Westphalian states, where violating another state's sovereignty requires legal justification based in self-defense.

Geopolitical Implications and Future Actions

• 🌍 There is a grave concern that Donald Trump and Vladimir Putin may have made an implicit deal regarding their respective spheres of influence, potentially impacting Ukraine and Venezuela.
• 🚨 The possibility of similar actions in Greenland and Colombia is discussed, with Greenland being a part of Denmark and a NATO member, potentially leading to World War III.
• 🤝 Law enforcement actions should proceed by extradition, not invasion or kidnapping, especially when dealing with non-dictatorial leaders or non-criminal situations.