Does Maduro qualify for prisoner of war status?

Kidnapped Venezuelan leader Nicolas Maduro could qualify as a prisoner of war (POW). Maduro was snatched from Caracas by the US in a deadly raid on 3 January. But the US has insisted that’s armed conflict with Venezuela.

Legal experts from the NGO Just Security now say Maduro could qualify. Maduro and his wife were kidnapped by US special forces, and transported to New York.

In his initial hearing, the former leader claimed prisoner of war status, and pleaded not guilty to drug and weapons offences that he was eventually formally charged with by a US district court.

The first question to consider is whether the US and Venezuela were engaged in an armed conflict. The US amassed military forces in the region for months before the assault. It also carried out dozens of deadly airstrikes against alleged ‘narco-terrorist’ boats.

The US special forces raid which captured Maduro may have killed up to 100 people. But war was never formally declared. Just Security has suggested that:

By using its armed forces to attack Venezuela, the United States triggered an IAC [international armed conflict] with that State. Under the four 1949 Geneva Conventions, to which all States are party, an IAC exists in “all cases of declared war or of any other armed conflict which may arise between two or more [States], even if the state of war is not recognized by one of them.

Regardless of whether this constitutes war cannot be determined by the intensity of fighting. As the US-based NGO stated:

Any unconsented-to military operations by one State in the territory of another State, including its national airspace and territorial sea, should be interpreted as an armed interference in the latter’s sphere of sovereignty and thus may be an international armed conflict.

If that is the true, Maduro is a prison of war. And has the rights of one.

Is he a POW?

There are various categories that qualify individuals as POWs. Mostly for military personnel and combatants. But some civilians can qualify too. Just Security said:

We do not know if Maduro is on the Venezuelan armed forces’ rolls. He does not appear to hold a classic military rank like “General” or otherwise serve as an officer in the Venezuelan armed forces, although he occasionally wears a uniform for ceremonial purposes (as do heads of State of many countries like the UK).

However, a 2008 law in Venezuelan reminds us that the president (even at the time of his kidnapping) held the rank:

“Commander-in-Chief” and that he can exercise operational command directly or through an active-duty officer.

Therefore:

he almost certainly qualifies as a prisoner of war on this basis alone. But even if that was not the case, there are other theories that could be proffered to support entitlement to that status.

Just Security look at other ways in which Maduro might qualify. But the important point is that POW status gives captives particular rights…

POW rights: what do they mean?

Just Security said if you’re a POW, the Geneva Convention entitles you:

to specific treatment with respect to… food, housing, medical care, work, contact with the outside, and ICRC visitation.

The ICRC is the International Committee of the Red Cross.

And this is where the US has to tread carefully. In theory anyway, the Trump administration does not seem to feel overly restrained by international law…

However, legally, Just Security said the US must do one of three things:

1) afford him that status, 2) seek a judicial determination of his status, or 3) convene an Article 5 tribunal to make a status determination.

Basically, they need to clarify Maduro’s status, because:

…failure to take one of these three steps would constitute a violation of U.S. obligations under the third Geneva Convention and customary international law.

Trump’s belligerence, both at home and abroad, suggest he isn’t too concerned about the rule of law — that won’t bode well for Maduro. While American judges have challenged Trump’s erratic behaviour, Maduro’s anticipated trial in March 2026 will serve as a key test for the Trump’s ‘frontier justice’ approach to foreign policy.

Featured image via the Canary