Donald Trump’s strike on Venezuela and capture of dictator Nicolas Maduro has sparked a huge legal debate.

US President Donald Trump’s assault on Venezuela has been lambasted as “illegal” and an act of “kidnapping”.

Mr Trump said the United States will “run” Venezuela and tap its huge oil reserves hours after seizing dictator Nicolas Maduro and his wife Cilia Flores. The duo were whisked out of the country during a lightning pre-dawn attack, with air strikes pounding sites in and around the capital city.

The couple landed at a US military base shortly after nightfall, then was transported by helicopter to New York City, where they will face drug trafficking and weapons charges.

Despite the success of the risky operation, which Mr Trump has praised as “amazing”, what happens next is highly uncertain.

The Trump administration has not offered justification or a legal framework for the attack and it appears it hasn’t notified Congress ahead of time, CNN reported, resulting in lingering confusion. Mr Trump’s comments about targeting drug traffickers and taking control over the country’s oil have also added confusion as to the true motive of the strike.

“We’re going to rebuild the oil infrastructure,” Mr Trump said, adding at another point: “We’re going to run the country rights”.

Early on Saturday, Republican Senator Mike Lee of Utah voiced what many have been pondering, when he questioned the constitutionality of the strike.

“I look forward to learning what, if anything, might constitutionally justify this action in the absence of a declaration of war or authorisation for the use of military force,” Mr Lee wrote on X, the Salt Lake Tribune reported.

He also noted that it was “too soon to say whether this is an ‘unconstitutional action’. But we need some answers.”

Later, Mr Lee penned an update that Secretary of State Marco Rubio told him the attack was necessary in order to “protect and defend those executing the arrest warrant” against Maduro.

“This action likely falls within the president’s inherent authority under Article II of the Constitution to protect US personnel from an actual or imminent attack,” Mr Lee noted.

Vice President JD Vance posted on X noting the same: “And PSA for everyone saying this was ‘illegal’: Maduro has multiple indictments in the United States for narcoterrorism.

“You don’t get to avoid justice for drug trafficking in the United States because you live in a palace in Caracas.”

In November, Mr Trump claimed he didn’t need congressional authorisation for land action in Venezuela, however that was not the opinion of all in Congress.

White House chief of staff Susie Wiles told Vanity Fair on November 2 that strikes in Venezuela would indeed require the approval of Congress. She stated that if Mr Trump “were to authorise some activity on land, then it’s war, then (we’d need) Congress”.

What’s more, Trump administration officials reportedly told members of Congress that they didn’t have the legal justification to support attacks against any land targets in Venezuela.

Nevertheless, the strikes have gone ahead.

Supplied images from social media claiming to show Higuerote airport in Venezuela under attack from US forces. Picture: Supplied

Protesters gather outside the UN Plaza during a demonstration against the US bombing of Venezuela. Picture: Yalonda M. James/San Francisco Chronicle via AP

So what precedent is there for such an assault?

The last time a US president ordered troops to grab a Latin American strongman was when George H.W. Bush invaded Panama in 1989 to arrest General Manuel Noriega on drug trafficking charges.

In 1980, the Justice Department’s Office of Legal Counsel found the FBI didn’t have the authority to apprehend and abduct a foreign national in order to face justice in the US, however the Bush administration reversed that in 1989.

World order ‘breaking down’

Defence and Security expert Jennifer Parker told Sky News Australia that nations using military action across the world to “achieve political aims” is a trend that has been seen in the Russia-Ukraine war and in the Middle East.

“Under international law you can only undertake an attack on another country if it’s endorsed by the UN Security Council, which this wasn’t, or it’s in self-defence,” Ms Parker explained.

“That breaching of international law is part of a trend we’re seeing where states are using military action or use of force across the world to achieve political aims …

“And now we’ve seen the US do it in Venezuela.

“What this means is that really the world order in terms of international law is fundamentally breaking down.”

Ms Parker said there could be wide-reaching implications, with fears the attack could encourage other countries to do the same.

Meanwhile, UK Labour Party politician and Former Shadow Chancellor John McDonnell compared the assault on Venezuela to Russia’s invasion of Ukraine, writing on X: “If this is accurate, with no legal sanction, with no UN decision, what difference in international law is there between Trump’s attack on Venezuela and Putin’s invasion of Ukraine.

“If the UK government stands for the rule of law, Keir Starmer must condemn this.”

‘Insane, illegal’ act

A fierce opponent of the strike against Venezuela is Democratic politician Rep. Seth Moulton.

“This is insane. What the hell are we doing?” Mr Moulton wrote on X.

“We’ve got a lot of problems in America today and invading, occupying, running Venezuela does not solve any of them. This is illegal, it’s unjustified, it is not in our national interests and there seems to be no plan whatsoever for what happens next.”

Another Democrat senator, Rubén Marinelarena Gallego, agreed, stating on Fox News that: “The president was very clear that he wants to occupy Venezuela, he wants to take the oil. Nothing in what they’ve said so far in justification is the reason why they went to get Maduro.

“But going forward, he doesn’t have the approval of the Congress or American public for an occupation of Venezuela and he needs to come and ask for that or get rejected for it”

Meanwhile, Republican Sen. Lisa Murkowski said while Maduro is a dictator was has “ruthlessly oppressed the people of Venezuela for more than a decade”, she had voiced her opposition at the planed operation against Venezuela.

“Late last year, I voted to proceed to debate on two resolutions that would have terminated the escalation of US military operations against Venezuela absent explicit authorisation from Congress,” Mrs Murkowski said.

“I took these votes because I believed the administration failed to provide Congress with the information necessary to fully evaluate the legal basis for these escalating actions. That was true then, and it remains true today.”

Mrs Murkowski said while the US doesn’t recognise Maduro as the “legitimate leader of Venezuela”, noting that there’s been a warrant out for his arrest for drug-related crimes since 2020, the legality of how the military operation was carried out is “important”.

Among critics of Mr Trump’s military attack on Venezuela is Washington-based journalist Amee Vanderpool, who posted on X: “When you don’t have a legal arrest warrant and you forcibly remove someone from their country, then you have kidnapped them.

“Trump has now announced from his social media platform that he has successfully kidnapped the President of Venezuela.”

Author Lesley Abravanel agreed, writing: “Maduro was a brutal dictator. But Trump had no legal authority to carry out regime change without Congress, to kidnap their leader or to plot the theft of Venezuela’s oil. This is lawless greed that breeds criminals and dictators.”

And chillingly, conservative writer and a former US military lawyer David French wrote on X that “there’s lots to say about the constitutional, strategic, and political implications of this move … it is unambiguously dangerous to move back into a world in which military operations are just another extension of political will.

“That’s the world Putin and Xi want.”

Maduro jailed

Nicolas Maduro was placed in a New York jail on Saturday, hours after American special forces seized and flew him out of his country.

A US government plane carrying Maduro and his wife Cilia Flores landed at a military base shortly after nightfall, and he was transported by helicopter to New York City, where the couple were to be arraigned on drug trafficking and weapons charges.

The White House posted video on X of Maduro, handcuffed and in sandals, escorted by federal agents through a US Drug Enforcement Administration facility in New York.

“Good Night, happy new year,” the 63-year-old leftist is heard saying in English.

Trump said he was “designating people” from his cabinet to be in charge in Venezuela but gave no further details.

In another surprise, Trump indicated US troops could be deployed, saying Washington is “not afraid of boots on the ground.” But he appeared to reject the possibility of the country’s opposition taking power and said he could work instead with Maduro’s vice president, Delcy Rodriguez.

One aspect that became clearer was Trump’s interest in Venezuela’s vast oil reserves.

“We’re going to have our very large United States oil companies … go in, spend billions of dollars, fix the badly broken infrastructure,” he said.

“We’ll be selling large amounts of oil.”

People demonstrate against US military action in Venezuela in Times Square. Picture: John Lamparski/AFP

Trump dismisses opposition leader

US-backed opposition leader Maria Corina Machado, who won last year’s Nobel Peace Prize, posted on social media that “the hour of freedom has arrived”. She called for the opposition’s 2024 election candidate, Edmundo Gonzalez Urrutia, to “immediately” assume the presidency.

But Trump was surprisingly cold about expectations that Machado could become Venezuela’s new leader, saying she doesn’t have “support or respect” there.

Instead, he touted Maduro’s vice president, Delcy Rodriguez, saying “she’s essentially willing to do what we think is necessary to make Venezuela great again.” Rodriguez poured cold water on that, demanding Maduro’s release and vowing to “defend” the country.

Late Saturday, Venezuela’s Supreme Court ordered Rodriguez to assume presidential powers “in an acting capacity.” Reflecting the confusion, Trump indicated US involvement is likely for the long haul.

“We’re going to stay until such time as the proper transition can take place,” he said.

Venezuela ally China said it “strongly condemns” the US operation, while France warned a solution cannot “be imposed from outside.” United Nations Secretary-General Antonio Guterres said he was “deeply concerned that the rules of international law have not been respected.” At Venezuela’s request, the UN Security Council will meet Monday to discuss the crisis, the Somali presidency of the Council told AFP.

Venezuela’s Vice-President Delcy Rodriguez. Picture: Juan Barreto/AFP

Blackout and bombing

Venezuelans had been bracing for attacks as US forces spent months massing off the coast.

Caracas residents woke to explosions and the whir of military helicopters around 2:00am (0600 GMT). Air strikes hit a major military base and an air base, among other sites, for nearly an hour.

The top US military officer, General Dan Caine, said 150 aircraft took part in the operation, supporting troops who choppered in to seize Maduro with the help of months of intelligence into his daily habits – down to “what he ate” and what pets he kept.

Maduro and his wife “gave up” without a struggle and there was “no loss of US life,” he said.

Venezuelan authorities have yet to release casualty figures. But Trump told the New York Post that “many” Cubans in Maduro’s security detail were killed.

Within hours of the operation, Caracas had fallen eerily quiet, with police stationed outside public buildings and the smell of smoke drifting through the streets.

Shifting justifications

The US and numerous European governments did not recognise Maduro’s legitimacy, saying he stole elections in 2018 and 2024.

Maduro – in power since 2013 after taking over from leftist mentor Hugo Chavez – long accused Trump of seeking regime change in order to control Venezuela’s oil reserves.