WILLEMSTAD — Under international and European law, the United States has no legal authority to unilaterally close Venezuela’s airspace or justify military operations within it, according to international and European law expert Flora Goudappel.
In an interview addressing the flight restrictions imposed by the administration of Donald Trump on air traffic connected to Venezuela, as well as recent U.S. military flights over Venezuelan territory, Goudappel stressed that sovereignty over airspace is absolute. “A state can only close its own airspace, not that of another country,” she said.
Goudappel explained that blocking another nation’s airspace is prohibited under international law. Any attempt to enforce such a measure would require military patrols or, in extreme cases, the interception or downing of aircraft—actions that would automatically constitute a violation of national sovereignty.
According to the legal expert, even patrolling the airspace of another state without explicit permission is unlawful. She stated that the United States has deliberately and visibly breached Venezuelan airspace by flying military aircraft—believed to be F/A-18 fighter jets—over areas including Lake Maracaibo. “That was a clearly visible military action,” she said.
Under normal circumstances, an unauthorized military aircraft entering a country’s airspace would be intercepted by that country’s air force. Such aircraft can be compelled to land or ordered to leave the airspace. If a military aircraft refuses to identify itself or to comply with orders, international law even allows for it to be shot down.
Goudappel noted that, in this case, Venezuela has shown remarkable restraint. “Venezuela has responded in a notably reserved manner,” she said, despite what she described as a clear breach of its sovereign airspace.
The remarks add a legal dimension to the escalating tensions between Washington and Caracas, as U.S. military activity in and around Venezuela continues to raise concerns across the Caribbean region, including in Curaçao, where airspace safety and regional stability are closely monitored.