Abstract
The article deals with the application of the Inter-American Treaty of Reciprocal Assistance (TIAR) to the Venezuelan crisis of 2019 following its accession at the request of the self-titled interim government of the Venezuelan National Assembly (ANV). The purpose of the article is to analyse the compatibility with international law of the application of the TIAR by the ANV and the Organ of Consultation. In particular, the hypothesis of application of the TIAR raised in the Venezuelan case are examined in relation to the exercise of collective self-defence or the existence of “a fact or situation that could endanger the peace of America”. The application of coercive measures, such as the sanctions adopted by the Organ of Consultation in September and December 2019, and the possibility of armed intervention are also analysed. The methodology adopted is normative, based on the provisions of the TIAR, interpreted according to its objective, preparatory works and subsequent practice of the parties, in addition to general rules of international law. It is concluded that the use of the TIAR and the adoption of coercive measures based on it are contrary to international law due to the lack of valid normative hypotheses in the treaty that justify its application to the specific situation.
Inter-American Treaty of Reciprocal Assistance; collective security; collective self-defence; intervention; use of force