Capture of the President of Venezuela by U.S. Forces: Operation Details and “Captured” Status
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Nicolas Maduro and Interpol 2026: From International Search to Arrest in New York

The question of whether Interpol issued a red notice for Nicolás Maduro has ceased to be a theoretical discourse. On January 3, 2026, the information space was rocked by news of the Venezuelan leader’s capture by U.S. special operations forces. While international law experts debated the legitimacy of extraterritorial warrants, real actions unfolded in Caracas, culminating in an emergency flight to New York. The event became a bifurcation point in modern geopolitics, demonstrating the priority of a superpower’s national interests over the bureaucratic procedures of global policing institutions.

The situation developed rapidly. Just in the morning, global tabloids were discussing rumors, and by the evening, the U.S. State Department updated the status of the Venezuelan president on its official portal. Now, next to Maduro’s name, there is a tag “Captured.” This event requires a detailed analysis: why international mechanisms like Interpol stayed on the sidelines and how American justice justified an operation on foreign soil.

Background and Context

The dramatic capture of Venezuelan President Nicolas Maduro by U.S. forces has ignited a global debate, thrusting issues of international law, national sovereignty, and the limits of state power into the spotlight. As news of the operation spread, international criminal court experts, foreign ministers, and political science analysts weighed in on the legal and diplomatic ramifications, underscoring the event’s significance for international relations and the global justice system.

The roots of this confrontation run deep. For years, the United States has accused Maduro’s government of widespread corruption, human rights abuses, and involvement in narco terrorism conspiracy and drug trafficking. The U.S. Justice Department, under both the Trump administration and its successors, has pursued criminal charges against Venezuela’s head of state, citing threats to American citizens and national security. These actions were accompanied by sweeping economic sanctions and diplomatic isolation, as Washington sought to pressure Caracas into political reforms.

The January 2026 military operation, which saw U.S. special operations forces apprehend Maduro on Venezuelan soil, marked a dramatic escalation. The move was swiftly condemned by other countries, including major powers such as Russia, China, and Cuba, who accused the United States of violating international law and the UN Charter. The United Nations, through Secretary-General António Guterres, called for restraint, while legal scholars pointed to the operation as a breach of the principles of national sovereignty and non-interference that underpin the international system.

At the heart of the controversy lies the question of legal basis. The U.S. has argued that its own laws, particularly those targeting narcotics trafficking and terrorism, provide authority to pursue high-ranking officials abroad when American interests are at stake. However, international law experts and the International Court of Justice (ICJ) have long maintained that foreign courts lack jurisdiction to prosecute a sitting head of state, even for alleged war crimes, to preserve diplomatic functions and international stability. Most extradition treaties and the legal framework of the international court system reinforce the concept of head of state immunity, making Maduro’s case a potential legal precedent with far-reaching consequences.

The International Criminal Court (ICC), established by the Rome Statute, is the primary international body tasked with prosecuting crimes against humanity, war crimes, and genocide. While the ICC has issued arrest warrants for other high-ranking officials, such as Sudan’s former president Omar al-Bashir, the United States is not a party to the Rome Statute and does not recognize the ICC’s jurisdiction over its own actions or those of its citizens. This divergence highlights the limitations of the current International Criminal Court ICC system and the challenges of enforcing international law when national interests collide.

The operation has also raised questions about the future of international relations and the stability of the international system. Critics argue that the use of force to arrest a foreign leader undermines the principles of the UN Charter and sets a dangerous precedent for other nations. Supporters, however, contend that the pursuit of justice for crimes such as narcotics trafficking and narco terrorism justifies extraordinary measures, especially when existing mechanisms fail to deliver accountability.

In sum, the arrest of Nicolas Maduro by U.S. forces is more than a dramatic episode in the ongoing crisis in Venezuela—it is a test case for the boundaries of international law, the authority of foreign courts, and the resilience of the global order. As the world watches the unfolding legal battle in the Manhattan court, the outcome will shape not only the fate of Venezuela’s head of state but also the future of international justice and the rules that govern relations between countries.

The policy of neutrality: why Interpol stayed on the sidelines

Many observers wondered why the name of the Venezuelan leader had been absent from Interpol’s database for years, despite the severity of the accusations brought by Washington. The answer lies in the organization’s statutory documents, which strictly regulate the boundaries of intervention. Interpol is not a political police force but a coordination mechanism bound by strict limitations.

The organization consistently avoids involvement in matters with an explicit political, military, religious, or racial undertone. Article 3 of the Interpol Constitution explicitly prohibits interference in activities of a political nature. Accusations against incumbent heads of state generally fall into this category, creating immunity from the issuance of a red notice. Interpol’s lawyers carefully filter requests, rejecting those that could be interpreted as a tool of political pressure by one country on another.

Division of competencies: ICC vs national justice

It is necessary to clearly distinguish the mandates of various international institutions. There is the International Criminal Court (ICC) in The Hague, which conducts its own investigations into crimes against humanity. This is a lengthy, bureaucratic process requiring the ratification of the Rome Statute and years of evidence gathering.

The ICC is currently conducting an ongoing investigation into alleged crimes against humanity committed in Venezuela. Washington has chosen a different path. The United States, not being a party to the ICC, relies on its own federal legislation and domestic law, which allows for the prosecution of narco-terrorism anywhere in the world if the actions of criminals threaten the safety of American citizens.

In 2020, the U.S. Justice Department indicted Maduro on drug and gun federal charges, which the U.S. uses to justify his capture. The U.S. has not sought to extradite Maduro through the International Criminal Court, which it does not recognize.

The American prosecution decided not to wait for a hypothetical warrant from The Hague. They activated the mechanism of internal jurisdiction, extending it to the territory of a sovereign state, which effectively nullified Maduro’s diplomatic immunity in the eyes of American justice.

The price of the issue: the evolution of the reward and the role of the State Department

The operation to capture became the logical conclusion of a years-long pressure strategy, with the financial engine being the U.S. State Department’s Narcotics Rewards Program. The dynamics of the reward amount for capturing the leader of the Bolivarian Republic clearly demonstrate the growing prioritization of this goal for the White House.

The history of rate increases reflects the escalation of the conflict between Washington and Caracas.

  • March 2020: The U.S. Department of Justice officially files charges for the first time, announcing a $15 million reward for information leading to an arrest.
  • 2021–2024: A period of stagnation and attempts at diplomatic bargaining, when sanctions were either eased or tightened depending on Caracas’s behavior in the oil market.

Oil companies have played a significant role in shaping U.S. policy toward Venezuela, as economic interests in the region—especially regarding oil—have influenced the escalation of the conflict. The involvement of oil companies is often intertwined with legal and diplomatic strategies pursued by the U.S. government.

The U.S. has also imposed sanctions on Maduro and his associates, linking them to drug trafficking and corruption.

  • August 2025: After another round of political crisis in Venezuela and accusations of election fraud, the State Department raises the stakes to an unprecedented 50 million dollars.

This amount became a record in the history of the program, surpassing the rewards for the leaders of the largest terrorist groups of the past.

The foundation for such radical measures was an indictment linking the Venezuelan elite to the activities of the so-called “Cartel of the Suns” (Cartel of the Suns). The investigation claims that Venezuela’s state institutions were transformed into a criminal organization engaged in the industrial-scale transit of cocaine. The term “narcoterrorism” became the legal key that allowed the Southern District of New York to open a case and issue an arrest warrant, bypassing traditional norms of sovereignty.

Brooklyn Detention Center and the Beginning of the Legal Battle

In January 2026, Nicolás Maduro, from the Miraflores presidential palace, faced the harsh reality of the U.S. federal penitentiary system. He is currently being held at the Metropolitan Detention Center in Brooklyn (MDC Brooklyn). This facility is known for its strict conditions and for often housing individuals awaiting trial on charges of terrorism and major drug trafficking.

The choice of this detention location is not accidental: MDC provides the maximum level of isolation and security required for a detainee of such status. Maduro is being held on federal charges, including those brought by the U.S. Justice Department in 2020 for drug and gun offenses.

January 5, 2026, went down in the history of American jurisprudence. On this day, Nicolás Maduro and his wife Cilia Flores appeared for the first time before the Manhattan court for their arraignment. The procedure took place under unprecedented security measures: the blocks around the courthouse were cordoned off, and only select members of the press were allowed in the courtroom. Both defendants refused to plead guilty, claiming the process was politically motivated and their abduction unlawful.

The legal issues surrounding Maduro’s prosecution are significant, as head of state immunity generally protects sitting leaders from prosecution in foreign courts—a principle recognized by the International Court of Justice. U.S. courts have historically dismissed civil suits against foreign sitting heads of state due to this immunity, raising questions about jurisdiction and the challenges of enforcing international law in such cases.

Line of defense: the Benjamin Brafman factor

The interests of the former president are represented by a heavyweight of American law, Benjamin Brafman. The choice of a defender of such caliber indicates that Maduro’s team is preparing for a protracted and aggressive legal battle. Brafman, known for his successes in the cases of Dominique Strauss-Kahn and other global figures, specializes in the most complex criminal trials, where legal facts are closely intertwined with public resonance. Maduro’s case is seen as a significant test of international legal norms, particularly regarding the invocation of head-of-state immunity and the distinction between international recognition and legal status.

The defense strategy will likely be based on challenging the jurisdiction of the American court. The lawyers will insist that NicolaMaduro had head-of-state immunity at the time of his detention, and that the military operation itself violated international law. However, the prosecution may invoke the principle of male captus, bene detentus, arguing that even if the capture was unlawful, the trial remains valid as long as it complies with applicable law. It should also be noted that the U.S. has not recognized Maduro as Venezuela’s head of state since 2019, which complicates his claim to immunity.

The defense is expected to argue that the U.S. is attempting to avoid justice by bypassing established international legal channels and undermining legal principles designed to ensure justice is served lawfully. It is expected that the defense will file a series of motions to dismiss, citing the illegality of the de facto extradition, which essentially amounted to a forcible capture.

Geopolitical precedent and transformation of international law

The case with Maduro goes far beyond the personal fate of one politician. In the international legal system, member states are generally constrained from taking unilateral military action against other sovereign nations. January 2026 marked a new reality where the line between a police operation and military intervention had completely disappeared.

The U.S. operation to capture Maduro constitutes military action and may be considered an armed conflict under international law. The United States demonstrated its readiness to use extraterritorial force against high-ranking officials of sovereign states if they are deemed an imminent threat to national security, raising concerns about the unlawful use of force, which is prohibited under the UN Charter.

International law generally prohibits the arrest of leaders of foreign countries by another nation, and the principle of head-of-state immunity protects such leaders from prosecution in foreign courts. The capture of Venezuela’s head, Maduro, is widely viewed as a violation of international law and could set a precedent for future interventions, potentially encouraging other nations to adopt similar tactics against leaders they oppose. Critics argue that Maduro’s capture represents a significant departure from the rules-based international order and undermines the sovereignty of member states.

This event casts doubt on the effectiveness of traditional tools such as Interpol or the UN. When a $50 million reward and the power of intelligence agencies outweigh diplomatic protocols, international law enters a phase of turbulence. Other countries are closely monitoring the process in the Southern District of New York, understanding that the verdict in the case “USA vs. Maduro” will create a legal precedent capable of changing the rules of the game for decades to come.

Dmytro Konovalenko
Senior Partner, Attorney-at-law, admitted to the Bar (Certificate to practice Law #001156)
Dmytro Konovalenko is member of the International Association of Lawyers. He specialises in cases related to Interpol and successfully successfully challenged Red Notices, extradition requests, and implemented preventive measures for clients from Europe, Asia, the Far East.

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