GENEVA - UN experts* today expressed deep concern about mounting pressure from the United States on Venezuela, as indicated by a recent declaration from the US President that Venezuela's airspace should be considered closed.
"International law is clear: States have complete and exclusive sovereignty over the airspace above their territory. Any measures that seek to regulate, restrict or 'close' another State's airspace are in blatant violation of the Chicago Convention," the experts said, referring to Article 1 of the Convention on International Civil Aviation (1944).
They also recalled that the UN Charter prohibits "the threat or use of force against the territorial integrity or political independence of any State" (Article 2). Actions affecting another country's airspace, may amount to a breach of sovereignty and could constitute an illegal threat of use of force under international law. The International Court of Justice, in Nicaragua v. United States (1986), affirmed that the principles of non-use of force, non-intervention and territorial inviolability are cornerstones of international legal order.
"Unilateral measures that interfere with a State's territorial domain, including its airspace, risk fully undermining the stability of the region and are seriously undermining Venezuela's economy," the experts said. They noted that, despite the President's statement, the United States has no legal authority to "close" another State's airspace.
Experts said that six international carriers had already suspended flights to Venezuela's capital Caracas, following a US Federal Aviation Administration warning about a "potentially hazardous" situation in the skies over Venezuela, citing "worsening security" and "heightened military activity" that could threaten aircrafts at all altitudes.
"The latest declaration represents a dangerous escalation, following the significant US military buildup in the Caribbean, and other recent announcements by the President of the United States about eventual operations in Venezuelan territory, following a series of lethal operations by US forces targeting vessels off coast," the experts said.
"US military attacks on alleged drug traffickers at sea, which have killed over 80 civilians in 21 strikes, are grave violations of the right to life and the international law of the sea," they said. "Those involved in ordering and carrying out these extrajudicial killings must be investigated and prosecuted for homicide."
The experts urged the United States of America to refrain from actions that could further aggravate the situation and ensure that any measures taken fully comply with the UN Charter, the Chicago Convention, and relevant rules of customary international law.
"The long history of external interventions in Latin America must not be repeated," the experts said. "Respect for sovereignty, non-intervention and the peaceful settlement of disputes are essential to preserving international stability and preventing further deterioration of the situation."
