THE PRINCIPLE OF EQUALITY OF STATES UNDER INTERNATIONAL LAW: CRITIQUE OF THE INVASION OF VENEZUELA AND THE ARREST OF PRESIDENT MADURO

Abstract

The principle of sovereign equality of states, enshrined in Article 2(1) of the United Nations Charter, stands as a cornerstone of modern international law. Yet this foundational norm faces persistent challenges from powerful states that seek to subordinate international legality to their own geopolitical interests. This essay examines the principle of equality of states from its theoretical origins to its contemporary application, and offers a critical analysis of the 2025–2026 United States military intervention in Venezuela and the arrest of President Nicolás Maduro. It argues that the U.S. actions encompassing unilateral military strikes, coercive maritime operations, territorial airspace violations, and the extraterritorial arrest of a sitting head of state-constitute a systematic assault on the principle of sovereign equality. Through an analysis of the jus ad bellum framework, the immunity of heads of state, and the structural tensions between sovereignty and international justice, this essay demonstrates that the intervention exemplifies the continuing tendency of powerful states to privilege their own asserted interests over the foundational norms of the international legal order