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Venezuela: Attacks by the United States Raise Serious Concerns over International Law and Civilian Protection

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Reports of United States military operations in Venezuela have prompted renewed concern among human rights organisations, particularly regarding the protection of civilians, respect for international law, and the broader implications for peace and stability in the region.

Over the last decade, Venezuela has experienced a profound multidimensional crisis marked by the erosion of the rule of law, the near-total closure of civic space, and serious and systematic human rights violations, in the context of a prolonged humanitarian emergency that has disproportionately affected the most vulnerable sectors of the population. Millions of people continue to face severe obstacles in accessing food, health services, and other basic economic and social rights.

This situation has further deteriorated following the presidential elections of 28 July 2024, after which political repression reportedly intensified. International human rights organisations have documented an increase in arbitrary detentions, torture and other forms of cruel or degrading treatment, harassment, censorship, and the criminalisation of dissent, alongside severe restrictions on freedom of expression.

In this context, the reported United States military actions are described as unilateral operations that risk escalating regional tensions and exacerbating existing humanitarian challenges, including forced displacement. Human rights organisations and legal experts have recalled that the use of force against another State is strictly regulated under international law, including the United Nations Charter. Reference has also been made to established international jurisprudence, including the 1986 ruling of the International Court of Justice in the case of Nicaragua v. United States, which reaffirmed the principle of non-interference in the internal affairs of States and the obligation to resolve disputes through peaceful means. Departures from these principles are widely regarded as contributing to regional instability and weakening the international legal order.

While long-standing concerns persist regarding democratic erosion and serious human rights violations within Venezuela, human rights organisations stress that these conditions do not provide legal justification for military intervention in violation of international law.  Additionally, recent statements perceived as threats against other States in the region, including Colombia, Mexico, and Cuba, have further heightened concerns regarding regional peace and security and respect for State sovereignty in the Americas.

We will continue to follow developments closely, particularly with regard to their implications for civilians, HRDs, CSOs, and affected communities, and together with national and international non-governmental organisations, including OMCT, a set of ten key demands has been put forward as essential steps toward a genuine democratic transition in Venezuela. These demands include, among others:

The full, unconditional, and immediate release of all persons, nationals and foreigners, who have been arbitrarily deprived of their liberty or subjected to judicial proceedings for political reasons;

The repeal or declaration of unconstitutionality of laws that criminalise human rights defence, freedom of expression, and the rights to peaceful assembly and association;

The adoption of urgent measures to disarm, withdraw, and dismantle all structures, security forces, or armed groups responsible for illegitimate acts of intimidation, persecution, or repression against the civilian population;

Full, safe, and independent access to the entire Venezuelan territory for international human rights protection mechanisms, including the Office of the UN High Commissioner for Human Rights (OHCHR) and the Inter-American Commission on Human Rights (IACHR);

The establishment of a clear and credible roadmap, with the effective participation of civil society, for the reinstatement of all national, regional, and municipal public powers of the Venezuelan State, including the election of the President of the Republic in accordance with the Constitution;

The creation of independent mechanisms, with strong civil society participation and international support, to preserve evidence of human rights violations and advance a transitional justice process that guarantees truth, memory, justice, and comprehensive reparation for all victims.