The preliminary examination of the situation in Venezuela was announced on 8 February 2018. It is focusing on crimes allegedly committed since at least April 2017, in the context of demonstrations and related political unrest. In particular, it has been alleged that State security forces frequently used excessive force to disperse and put down demonstrations, and arrested and detained thousands of actual or perceived members of the opposition, a number of who have allegedly been subjected to serious abuse and ill-treatment in detention. It has also been reported that some groups of protestors resorted to violent means, resulting in some members of security forces being injured or killed.
On 27 September 2018, the Office received a referral from a group of States Parties to the Rome Statute, namely the Argentine Republic, Canada, the Republic of Colombia, the Republic of Chile, the Republic of Paraguay and the Republic of Peru, regarding the situation in the Bolivarian Republic of Venezuela since 12 February 2014. Pursuant to article 14 of the Statute of the International Criminal Court, the referring States request the Prosecutor to initiate an investigation on crimes against humanity allegedly committed in the territory of Venezuela since 12 February 2014, with the view to determining whether one or more persons should be charged with the commission of such crimes. On 28 September, the Presidency assigned the situation in the Bolivarian Republic of Venezuela to Pre-Trial Chamber I.
Throughout 2018 and 2019, the situation of Venezuela remained under Phase 2 of a Preliminary Examination.
On 13 February 2020, the OTP received a referral made by Venezuela regarding crimes against humanity allegedly committed on the territory of Venezuela "as a result of the application of unlawful coercive measures adopted unilaterally by the government of the United States of America against Venezuela, at least since the year 2014". In this context, the Prosecutor has stated “that the two referrals appear to overlap geographically and temporally and may therefore warrant assignment to the same Pre-Trial Chamber; but that this should not prejudice a later determination on whether the referred scope of the two situations is sufficiently linked to constitute a single situation”.
