18. Februar 2019
https://www.andrej-hunko.de/start-3/download/dokumente/1305-research-services-on-the-recognition-of-foreign-heads-of-state/file
Germany has recognised Guaido as legitimate interim president of Venezuela
The threat of military intervention is a threat of force against the territorial integrity of a state. Since Article 2(1) of its Charter states that the United Nations Organization is based on the principle of the sovereign equality of all its Members, and since military intervention conflicts with that principle of sovereign equality, such a threat is also inconsistent with the purposes of the United Nations.
The threat of internment in the detention camp at Guantanamo Bay Naval Base may also be interpreted as a threat of physical force. The threat addressed to the head of state targets the political independence of a state and likewise violates the principle of the sovereign equality of states. ……However that may be, this threat also falls within the scope of Article 2(4) of the Charter of the United Nations.
The fact is that that both threats violate the principles set out in the UN Charter, regardless of whether the conduct that the issuer of the threat seeks to impose on its recipient would be consistent with international law or would even be required by international law.
The threat and use of force against the territorial integrity or political independence of any state are ruled out by the UN Charter as instruments of unilateral enforcement.
The prohibition of the threat of force has been repeatedly reaffirmed by the international community since the adoption of the UN Charter, notably in the Friendly Relations Declaration of the UN General Assembly. ….. Such a threat or use of force constitutes a violation of international law and the Charter of the United Nations and shall never be employed as a means of settling international issues.
At the same time, it should be noted that a unilateral, declaratory act of recognising a foreign head of state does not constitute a legal nullity; on the contrary, recognition could have legal effects, particularly in conjunction with the principle of good faith, which also applies in international law. Depending on the specific circumstances of a particular case, a declaration of recognition might constitute an admissible or inadmissible interference in the internal affairs of the country in question6 or indeed an unfriendly act towards that country.
The Research Services of the German Bundestag assist the Members of the German Bundestag in the exercise of their parliamentary mandates. Their research papers do not represent the views of the German Bundestag, any of its bodies or the Bundestag Administration but are the academic responsibility of the authors and the Research Section management. Research papers produced by the Research Services only relect the situation at the time of writing and are individually requested by a Member of the Bundestag. These papers may contain information that is classified under the Bundestag Rules on Document Security, protected information or other information not for publication. Any intended distribution or publication requires prior notification of the relevant research section and acknowledgement of the source. The research section will advise on the issues to be considered in this context.
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