Asif Mahmood 

Can the president of Venezuela be tried in the United States, before an American court, under American law? The International Court of Justice answered this question clearly in 2002. The answer is no. A sitting president of one state cannot be prosecuted in the courts of another state. Does this immunity still apply even after presidential responsibilities in Venezuela have been assigned to Delcy Rodriguez under a Supreme Court order? Yes. Under international law, the immunity remains intact. Nicoas Maduro is still the president of Venezuela. At the time of his abduction, he was the president, and the appointment of an acting president does not extinguish the immunity attached to the lawful head of state. But has he not now become a former president? No. No state can leave the office of president vacant, which is why an interim arrangement becomes necessary. However, the lawful method for removing a president and rendering him a former head of state is defined strictly by the constitution of the country concerned. A president abducted as a result of foreign military aggression does not legally become a former president. He remains the president and continues to enjoy the shield of immunity. Under Article 29 of the Vienna Convention on Diplomatic Relations, even a diplomat cannot be arrested or subjected to criminal proceedings. If that is the protection afforded to diplomats, how can a head of state be prosecuted, especially when he has been forcibly brought to another country following military aggression against his own state? Was this method of apprehension lawful? No. It was an illegal act and constitutes a crime under international law. It was an unlawful use of force against a sovereign state and a grave violation of the United Nations Charter. The United States has no legal right to conduct military action against another country. Under the United Nations Charter, there are only two lawful grounds for the use of force against a state. First, when a state has been attacked and responds in self defence under Article 51. Second, when the United Nations........

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