PUERTO PADRE, Cuba.- Venezuela Today, Venezuela is seen as a crime scene and the Venezuelan State as the subject of international crime. This is the result of the assessment of the crime against humanity committed on its soil and its people. And this apology for crime, for criminal incitement, had already been proclaimed with premeditation and treachery by Nicolás Maduro, head of the Castro-Chavez regime, before the elections of July 28, when he spoke of the “bloodbath” that made the international community speak out.
Now we see sprouting —and not precisely from the “veins of the earth” of that poetic sophism that someone wrote one day and served as a script for Hugo Chávez— the blood from the veins of the Venezuelan people, demanding their civil and political rights stolen from the ballot boxes by the Nicolás Maduro regime.
The votes The elections that Nicolás Maduro claims are his, misappropriating the powers of the State, were won by the Venezuelan nation in a majority at the polls. The Carter Center, which monitors the process, has said that the presidential elections held in Venezuela this Sunday “cannot be considered democratic” due to the lack of transparency in the publication of its results, which it considers a “serious violation of electoral principles,” and the Venezuelan people have taken to the streets to demand their rights that have been violated, and Maduro and his clique have repressed them. And there are dead, wounded, imprisoned, arrest warrants for political leaders, expulsion of diplomats, sieges of embassies, and there are missing persons.
What will happen?
“What will happen in Venezuela after the theft of the votes of Venezuelan citizens…?” I just asked in the article published on this site, “Elections in Venezuela: the dictatorship disguised as democracy”, and going back to that question, but now from the legal point of view, it must be said that Nicolás Maduro and the regime of which he is the head, which is the Venezuelan State, have committed an international crime, which is the most serious violation of International Law, as it goes against the existence of States and nations themselves, meaning the people, that which, instead of being massacred, the State should serve, organized as a State should be organized, under a Government with a division of powers and not like that, arrogant for some and submissive for others. Infringing its legal principles as we are seeing right now in Venezuela, this crime particularly threatens international peace and security, as we are also seeing these days, when Nicolás Maduro and his regime have undertaken it aggressively and not only against their fellow citizens, but also against a group of neighboring countries for the simple fact that these governments are in solidarity with the Venezuelan people.
And according to the treaties, an unlawful action arising from this constitutes an international crime. result of the infringement by a State, which, failing to comply with a basic duty to guarantee not only national interests, transcends the borders of that State because the violation committed affects the international community, for example, due to the displacement of the population fleeing the tyrannical State, thus conceptualizing crimes against peace, war crimes, and crimes against humanity, among others, as figures of international crimes, where the States and other entities that have committed these crimes are subjects of International Law with material, moral and political responsibility.
But we must not confuse international crime with crimes of an international nature, because, while the former results from an intentional violation of international legal norms and principles, committed by a subject of International Law, entailing international responsibility such as aggression and other crimes against peace and humanity, crimes of an international nature are not perpetrated by subjects of International Law, but by natural persons. Even so, it must be clear to us that the encouragement or connivance by the State for persons to commit crimes of an international nature, such as kidnapping of persons, terrorist acts, political assassinations or other crimes, make up an international crime.
Crimes against peace
And in Venezuela, for political reasons, we have been seeing this for many years and it has worsened since last Sunday, on the occasion of the presidential elections, cruel and degrading treatment on individual persons or on crowds of people, which constitute crimes against peace and crimes against humanity, because they are intimidating or expressly criminal actions, sometimes committed with the consent of the State by supporters of the regime, such as the so-called “collectives”, those with the faces of criminals as described by Lombroso, and other times, by the same powers of the State with that face of Maduro, so it is useful to reiterate the question: “What will happen in Venezuela after the theft of the votes of Venezuelan citizens …?”
But to this question, another must be added: Will the leaders of the civilized world, meaning the democratic world, sit back and make mere declarations while Nicolás Maduro and his regime, using all the powers of the State against the Venezuelan people, commit a crime against humanity, which constitutes an international crime…?
The Tobar doctrine
In this regard, and at the very least, it is useful to remember a preceding of International Law dating from 1907, but which today should perfectly fit the community of democratic nations with the crime scene that Venezuela is now experiencing; I am referring to the Tobar Doctrine, yes, of course. The then Minister of Foreign Affairs of Ecuador, Dr. Carlos Rodolfo Tobar y Guarderas (1853-1920) maintained that, in addition to other humanistic and altruistic considerations, for “their good name and credit”, the American republics should intervene indirectly in the internal discussions of the republics of the Continent, and that this intervention could consist, at least, in the non-recognition of the governments of the continent. de factoarising from the revolutions against the Constitution.
Called an “interventionist,” Dr. Tobar defended his doctrine by saying: “An agreed intervention is not really an intervention.” And in this regard, he concluded by stating that even “authors who do not accept isolated interventions accept them when they are carried out collectively by several countries.”
And in this regard it must be said that Venezuela, in a public and notorious way, is already a country intervened by a totalitarian regime, that which is Cuba and Castro-communism, and for many years, when it was Hugo Chavez himself who, in order to secure his power, ceded Venezuelan sovereignty to Fidel Castro when, in exchange for oil, Venezuela was virtually invaded by military, intelligence, counterintelligence, police and political advisers, making that country what we see today, a cruel dictatorship.
Then… To save the Venezuelan people from a regime de factoled with a criminal hand by Nicolás Maduro, why the American republics and democracies around the world, for “their good name and credit”, do not intervene in Venezuela according to the Tobar Doctrine…?
OPINION ARTICLE
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