Venezuela’s Supreme Tribunal of Justice (TSJ) endorsed an arrest warrant for Argentine President Javier Milei on Monday over the alleged “theft” of a Venezuelan cargo plane confiscated in Buenos Aires and handed over to the United States. On the same day, the Federal Chamber of the City of Buenos Aires ordered the arrest of Venezuelan President Nicolas Maduro for alleged crimes against humanity.
The legal actions initiated by Venezuela stem from a controversial aircraft transfer involving an Emtrasur Boeing 747 300. This plane, originally owned by Iran’s Mahan Air and later sold to Venezuela’s Emtrasur, was initially seized by Argentine authorities on June 8, 2022, during Alberto Fernández’s presidency. The confiscation occurred at Buenos Aires’ Ezeiza International Airport amid terrorism-related inquiries, as the aircraft was carrying both Venezuelan and Iranian crew members. The plane remained grounded in Argentina for months, sparking diplomatic tensions. In a significant development, the Milei administration, which took office in December 2023, transferred the aircraft to U.S. custody in February 2024. This transfer was based on a U.S. court order that claimed the plane had been illegally sold to Venezuela in violation of U.S. sanctions against Iran.
Venezuelan Prosecutor General Tarek William Saab revealed that President Milei, along with key members of his administration, now face multiple charges, including aggravated theft and aircraft interference. Saab’s announcement was accompanied by strong rhetoric, labeling the Argentine leader with contentious terms and insisting on accountability for what Venezuela views as an unlawful seizure and transfer of its property.
In an official statement, Argentine government spokesperson Manuel Adorni addressed the recent diplomatic tensions with Venezuela. Adorni emphasized the fundamental differences in governmental structures between the two nations, particularly regarding the separation of powers. He asserted that in Argentina, decisions about the disputed aircraft were made by the independent judiciary, not the executive branch. Adorni’s remarks also included strong criticisms of the Venezuelan government’s actions, describing them as theatrics from what he termed a failing regime. The spokesperson indicated that Argentina would not engage with what he considered baseless accusations from the Maduro administration, underscoring the Argentine government’s stance on the matter.
The Argentine Foreign Ministry issued a formal rebuttal, condemning Venezuela’s actions as a misunderstanding of Argentina’s constitutional framework:
The aforementioned case was resolved by the Judiciary, an independent branch over which the Executive has no authority to interfere, in accordance with an international agreement. The Argentine government reminds the Venezuelan regime that in the Argentine Republic, the separation of powers and the independence of judges prevail, something that unfortunately does not occur in Venezuela under the regime of Nicolás Maduro (translated from Spanish).
In a parallel legal maneuver, Argentina’s judiciary invoked the principle of universal jurisdiction to order President Maduro’s arrest. This legal doctrine enables nations to prosecute severe human rights violations regardless of where they occurred. The court’s decision extends beyond Maduro, encompassing other high-ranking Venezuelan officials, including Diosdado Cabello, the Minister of Interior Relations, Justice and Peace.
The Argentine court’s action follows a complaint filed by the Argentine Forum for the Defense of Democracy (FADD), alleging systematic human rights abuses in Venezuela. The judiciary’s decision was informed by testimonies from Venezuelan refugees in Argentina, accusing Maduro’s regime of orchestrating torture, abductions, and extrajudicial killings.
These reciprocal legal actions occur against a backdrop of escalating diplomatic tensions. President Milei has been vocal in his criticism of Venezuela’s recent electoral processes, advocating for international intervention. The situation has been further complicated by Argentina’s provision of asylum to Venezuelan opposition figures and Venezuela’s subsequent expulsion of Argentine diplomats.
The Argentine government has escalated its stance, urging the International Criminal Court (ICC) to take action against Maduro and his associates, citing concerns over Venezuela’s political climate following recent elections.
These developments underscore the growing diplomatic divide between Argentina and Venezuela, reflecting broader regional tensions and the intricate relationship between domestic politics, international law, and human rights concerns in Latin America.
