Another look at international law, and some additional factors in re the case with Panama/Noriega.
In this article, we explain several international law issues raised by the operation, some of which have been addressed in greater depth in the
Just Security collection of articles on the drug boat strikes and other operations dealing with Venezuela. In particular, Operation Absolute Resolve implicates the prohibition on the use of force against other States (e.g., under the UN Charter), extraterritorial law enforcement, and initiation of an international armed conflict (e.g., under the Geneva Conventions).
Distinguishing past practice – the Noriega case: Three points should be made about the closest historical example in U.S. practice: the 1989 U.S. operation to capture General Manuel Noriega in Panama and bring him to the United States to face drug smuggling and other charges. First, reaffirming the prohibition against the use of force, the U.N. General Assembly condemned the U.S. operation. The General Assembly stated that it “strongly deplores the intervention in Panama by the armed forces of the United States of America, which constitutes a flagrant violation of international law.”
[ETA: from Daredevil #283, August 1990 "The American Nightmare"]
Second, the U.S. justifications for the Noriega-Panama operation distinguish it from the Maduro-Venezuela case. Most importantly, in the former case, the United States claimed to be acting by invitation of the rightful Head of State. “It was welcomed by the democratically elected government of Panama,” President George H.W. Bush informed the U.S. Congress in a War Powers Resolution report. Likewise, U.S. Ambassador Thomas Pickering told the U.N. Security Council, “United States action in Panama has been approved, applauded and welcomed by the democratically elected Government of Panama.”
Third, as noted by President George H.W. Bush, the United States acted after the Panamanian National Assembly declared a state of war against the United States, and after forces under Noriega’s command “killed an unarmed American serviceman; wounded another; arrested and brutally beat a third American serviceman; and then brutally interrogated his wife, threatening her with sexual abuse.” Bush added that “General Noriega’s reckless threats and attacks upon Americans in Panama created an imminent danger to the 35,000 American citizens in Panama.” Secretary of State James A. Baker also stated, “We received an intelligence report that General Noriega was considering launching an urban commando attack on American citizens in a residential neighborhood.” None of those factors is present here.