By Admin 
Nicolas Maduro Arrest: Venezuelan President Nicolas Maduro has been taken to New York. US officials say he will be tried in a federal court on charges related to narco-terrorism. Maduro and his wife arrived at Stewart Air National Guard Base and were flown by helicopter to Manhattan under tight security, according to official statements. In the meantime, let us know whether America can punish the Venezuelan President or not.
What are the allegations?
The United States Department of Justice alleges that Maduro leads or coordinates a narcoterrorism network. In the 2020 charge sheet, he has been accused of conspiring to import cocaine into the United States and weapons-related crimes. Not only this but he is also being linked to the so-called Cartel de Sols.
Can a US court prosecute a foreign head of state
Under US law, once a defendant is physically in US custody, a federal court usually has jurisdiction to hear the case, even if the manner of his capture is disputed by international law. This principle is called the Kerr-Frisbee principle. This means that what matters is the presence of a defendant and not how he was brought into the custody of the court.
What is the law regarding immunity of the Head of State
International law generally grants sitting heads of state immunity from prosecution in foreign national courts. But America’s stance is that this exemption does not apply here. This is because Washington has not recognized Maduro as the legitimate President of Venezuela since 2019.
If the case goes ahead, can America punish them?
If a US federal court prosecutes a case and the jury returns a guilty verdict, the court can impose punishment under US law. In cases of narco terrorism and large scale drug smuggling, there can be a very long jail sentence. The sentence will be in accordance with federal guidelines and the statutory maximum limits applicable to the cases convicted. So this simply means that the United States can prosecute Nicolas Maduro under its laws and he can also be punished.
Also read: Can America arrest any ‘head of state’ like Venezuelan President Maduro, what is the international law?