Extraterritorial Jurisdiction and Head of State Immunity under Public International Law: An Applied Study: The U.S. Measures Against the President of the Republic of Venezuela

Abstract

This research examines and analyzes the problematic nature of "Extraterritorial Jurisdiction and Head of State Immunity" under public international law. It aims to evaluate the legality of unilateral cross-border arrest operations targeting sitting heads of state. Utilizing both descriptive-analytical and applied methodologies, the study focuses on the United States' legal and executive actions against Venezuelan President "Nicolás Maduro". The study concludes that any state’s reliance on unilateral enforcement measures outside its territory—such as international abduction or offering financial rewards to capture a foreign head of state—constitutes a flagrant violation of the principles of national sovereignty and sovereign equality enshrined in the UN Charter. Furthermore, the research asserts that personal immunity of sitting heads of state remains absolute and unassailable before foreign domestic criminal courts, and can only be lifted through specific international institutional mechanisms. The study characterizes these unilateral practices as "internationally wrongful acts" that entail the international responsibility of the executing state, resulting in severe repercussions that disrupt the internal constitutional stability of the targeted states and jeopardize international peace and security.