Event Summary
On 5 January 2026, an Extraordinary Official Gazette dated January 3 was made public. It includes a decree declaring a nationwide State of Emergency, formally referred to as a “State of External Commotion.” The decree was issued in response to events that occurred in the early hours of January 3, when United States military forces entered Caracas and detained President Nicolás Maduro.
The publication of this Decree follows statements made in late 2025, in which President Nicolás Maduro and other government officials had announced the measure; however, its publication in the Official Gazette had not been known until January 3, 2026.
Nevertheless, it is noteworthy that the Decree itself establishes January 3 as the date of signature—the same day on which the U.S. military operation took place and during which President Maduro was captured. This raises doubts regarding its validity and legality, particularly considering that the Constitutional Chamber of the Supreme Court of Justice recognized President Maduro’s temporary absence and ordered Vice President Delcy Rodríguez to assume the presidency of the Republic as Acting President. According to the text, the decree will remain in force for 90 days and may be extended for a further 90 days.
The Decree is grounded in the right to self-defense as recognized in international instruments and is issued as a consequence of the military aggression by the United States government. The text orders the militarization of critical infrastructure, the strengthening of security measures and patrols, as well as restrictions on freedom of movement and the suspension of public meetings and demonstrations.
Likewise, Article 5 of the Decree establishes that all security bodies in the country are obliged to seek out and apprehend any person involved in promoting or supporting the armed attack perpetrated by the United States. The ambiguous wording of this provision represents a threat to fundamental rights and freedoms..