Venezuela Weighs ‘State of External Commotion’ To Face U.S. Threats

A decree would expand executive powers but keep them under legislative and judicial oversight.

On Friday, Venezuelan President Nicolas Maduro reiterated that his administration is considering issuing a decree of “State of External Commotion,” a legal measure provided for in the Constitution and developed in the 2001 Law on States of Exception.

The decree’s aim would be for “the entire nation, the entire republic, the entire institutional framework, every man and woman, every citizen of this country, to have the backing, protection and activation of the full force of Venezuelan society to respond to threats or, if the case arises, to any attack against Venezuela.”

“Venezuelans are united and have the reason to fight for our sovereignty,” said the Bolivarian leader, who seeks to defend his country against imperial threats and possible military actions from Washington.

What Is a State of External Commotion?
According to the Law on States of Exception’s Article 14, a State of External Commotion may be declared “in case of an external conflict that seriously endangers the security of the nation, its citizens, or its institutions.”

This measure is triggered when there is a threat to territorial integrity, national sovereignty or institutional stability originating from abroad.

The decree, which must be issued by the Venezuelan president during a Cabinet meeting, would initially last up to 90 days, renewable for another 90 days with the approval of the National Assembly.

During this period, the executive branch may adopt extraordinary measures in the social, economic, political or environmental spheres, even if they temporarily limit certain constitutional guarantees.

This, however, can never affect fundamental rights such as the right to life, personal liberty, physical integrity or due process, which are explicitly protected under Article 7 of the Law on States of Exception and by international treaties.

Comparisons Around the World
The “State of External Commotion” concept has equivalents in several Latin American legal systems. In Argentina, a state of siege may be declared in cases of “internal commotion” or “external attack,” but requires congressional approval and strictly respects fundamental rights.

In Mexico, Article 29 of the Constitution allows the president to temporarily restrict certain guarantees in cases of “invasion” or “serious disturbance of public peace,” always with prior authorization from Congress or its Permanent Commission.

In Bolivia, laws require any state of exception to be approved by the Legislative Assembly within 72 hours, while in Chile, a state of siege —though it can be declared immediately by the president— must be ratified by Congress within five days.

Outside Latin America, Spain also regulates a state of siege, which can only be declared by Congress with an absolute majority, in cases of “insurrection or acts of force against sovereignty or the constitutional order.” During its enforcement, a military authority assumes public order duties, while civil authorities retain non-delegated powers.

These legal frameworks share with Venezuela’s law key principles such as proportionality, necessity, temporality and institutional oversight — all recognized under international law as indispensable conditions for the legitimacy of any exceptional regime.

Venezuela’s States of Exception law requires National Assembly approval within eight days and constitutional review by the Supreme Court’s Constitutional Chamber within ten days.

The 2001 law expressly prohibits suspension of 14 fundamental rights, in line with the American Convention on Human Rights and the International Covenant on Civil and Political Rights.

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Why Now?
The possibility of declaring this state of exception arises after a series of statements and actions from U.S. President Donald Trump’s administration. In his speech at the United Nations General Assembly, Trump threatened to “wipe out” Maduro’s government, alleging —without evidence— that it leads supposed “drug trafficking networks.”

In line with this rhetoric, the United States has deployed military vessels in the Caribbean and has reiterated its refusal to recognize the Bolivarian government.

In response, President Maduro reaffirmed his commitment to peace and dialogue, including direct talks with U.S. envoy Richard Grenell. At the same time, however, the Bolivarian leader ordered military drills, popular mobilizations and preparations for legal mechanisms of national defense.

On Thursday, Venezuelan Attorney General Tarek William Saab said the Council of State —a body bringing together top representatives of all branches of government— is already drafting a decree that would “give Venezuela the legal weapons necessary to defend itself from an external armed attack.”

What Would the Declaration Mean?
Although the decree grants expanded powers to the president, it is neither discretionary nor unlimited. The law establishes strict controls, including:

Parliamentary oversight: The decree must be submitted to the National Assembly within eight days for approval by an absolute majority (Articles 26 and 27).

Judicial oversight:The Constitutional Chamber of the Supreme Court must rule on its constitutionality within ten days (Article 32). If the decree violates the Constitution or human rights, it can be annulled retroactively (Article 38).

Obligation of cooperation:Every natural or legal person, public or private, must collaborate with authorities during the state of exception and may be assigned extraordinary services with the right to compensation (Article 17).

In addition, the decree allows the executive to make unbudgeted expenditures, ration essential goods, requisition private property (with later compensation) and mobilize the Armed Forces (Articles 19, 20, 23 and 24).

A Mechanism of Defense, Not Confrontation
President Maduro and his aides have stressed that declaring a State of External Commotion is not aimed at starting a conflict but at preventing one and preparing the nation for potential aggression.

“Venezuela stands for peace,” Saab said, noting that the country maintains open diplomatic channels. At the same time, he emphasized that the state must be legally equipped to protect its sovereignty without internal or external limits.

Under international law, the adoption of exceptional measures in response to grave threats to national security is recognized, as long as they respect the principles of necessity, proportionality and temporality — principles explicitly incorporated in Venezuelan law (Articles 4, 5 and 6).

The consideration of a State of External Commotion in Venezuela is not an isolated act but part of a comprehensive defense strategy against what the government perceives as a real and growing threat.

While the measure would strengthen the executive branch, Venezuela’s legal framework includes institutional safeguards and guarantees intended to prevent abuse.

(Telesur)