INTERNATIONAL CRIMINAL LAW: KIDNAPPING VENEZUELAN PRESIDENT NICOLAS MADURO
Keywords:
International Criminal Law, Kidnapping of a Head of State, Nicolás Maduro, State Sovereignty, Immunity of The Head of State.Abstract
This study aims to analyze the provisions of international criminal law regarding the kidnapping of heads of state and to examine whether such acts can be categorized as violations of international law and human rights. The urgency of this research lies in the importance of maintaining a balance between efforts to eradicate international crimes and respect for the fundamental principles of international law. The alleged kidnapping of Venezuelan President Nicolás Maduro has become a significant issue in the study of international criminal law because it has sparked debate about the boundaries between the enforcement of international law and respect for state sovereignty. The issues examined include the legality of kidnapping a sitting head of state and its implications for the principles of state sovereignty, non-intervention, and the immunity of the head of state. The research method employed is normative legal research, utilizing a normative juridical, conceptual, and case study approach through an analysis of various international legal instruments, doctrines, and relevant literature. The results of the study indicate that the act of kidnapping or forcibly arresting a head of state without the consent of the concerned state and without a legitimate international legal mechanism constitutes a violation of the principles of state sovereignty, non-intervention, and the immunity of the head of state. Law enforcement regarding alleged international crimes must be carried out through mechanisms recognized by international law
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References
Malcolm N. Shaw, International Law, 9th ed. (Cambridge: Cambridge University Press, 2021), p. 154.
Michael P. Scharf, “The Politics of International Criminal Justice,” American Journal of International Law, Vol. 98, 2004, p. 321.
Antonio Cassese, International Criminal Law, 3rd ed. (Oxford: Oxford University Press, 2013), p. 277.
Dapo Akande and Sangeeta Shah, “Immunities of State Officials, International Crimes, and Foreign Domestic Courts,” European Journal of International Law, Vol. 21, No. 4, 2010, p. 817.
Universal Declaration of Human Rights (1948), Articles 3 and 9; International Covenant on Civil and Political Rights (1966), Article 9.
Antonio Cassese, International Criminal Law, 3rd ed. (Oxford: Oxford University Press, 2013), p. 16.
Michael P. Scharf, “The Politics of International Criminal Justice,” American Journal of International Law, Vol. 98, No. 2, 2004, p. 323.
Arrest Warrant Case, Judgment of February 14, 2002, I.C.J. Reports 2002, p. 3.
Malcolm N. Shaw, International Law, 9th ed. (Cambridge: Cambridge University Press, 2021), p. 548.
UN Charter, Article 2(1) Ian Brownlie, p. 289
UNGA Resolution 2625 (1970)
UNSC Resolution 138 (1960)
Antonio Cassese, p. 320
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Copyright (c) 2026 Richard Christian, John Patrick Putra Kusumo, Hardi Susilo, Rafi Zulri Amar, Muhammad Ryanda Alfitra, Muhammad Argya Yusuf Putra (Author)

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