ICC Prosecutor opens an investigation into the Situation in Venezuela
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On 5 November 2021, the International Criminal Court (ICC) Prosecutor, Mr Karim A.A. Khan QC, announced the opening of an investigation into the situation in Venezuela, after the conclusion of a Memorandum of Understanding with the Government of Venezuela.
On 8 February 2018, the Office of the Prosecutor (OTP) announced the opening of a preliminary examination of the situation in Venezuela I and stating that, “The preliminary examination of the situation in Venezuela will analyse crimes allegedly committed in this State Party 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 whom would have been allegedly 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 of the Prosecutor received a referral from a group of States Parties to the Rome Statute (Argentina, Canada, Colombia, Chile, Paraguay and Peru) regarding the situation in the Bolivarian Republic of Venezuela since 12 February 2014, requesting the initiation of an investigation for crimes against humanity allegedly committed in the territory of Venezuela.
In 2020, the OTP concluded that there was a reasonable basis to believe that crimes against humanity, particularly in the context of detention, have been committed in Venezuela since at least April 2017.
The ICC Prosecutor has announced the preliminary examination of the situation in Venezuela I and has determined that it is appropriate to open an investigation.
The Venezuelan authorities noted that they do not agree with this decision and the Rome Statute requirements are not met to move to the investigation phase.
During ICC Prosecutor Khan’s official visit to Venezuela from 31 October to 3 November 2021, the Bolivarian Republic of Venezuela and the Office of the Prosecutor of the ICC concluded a Memorandum of Understanding (available in Spanish).
The ICC Prosecutor can now investigate alleged crimes committed on the territory of Venezuela. The Prosecutor may present one or more cases to ICC judges, who will decide whether to issue arrest warrants or summonses to appear.
A State Party referral does not automatically lead to the opening of an investigation but it may expedite the process, as no judicial authorization of the OTP’s decision is required by the Rome Statute.
CIVIL SOCIETY REACTIONS #NGOVoices:
Provea and FIDH said “This decision gives hope to victims of serious crimes that have occurred in Venezuela, who have been fighting for justice for many years. The opening of an investigation by the ICC Office of the Prosecutor offers the possibility of an impartial and independent examination of cases of crimes against humanity, which, until now, has been beyond the reach of most of those affected by these crimes.”
“The ICC’s first investigation in the Americas comes on the back of the extreme repression the Maduro government has inflicted on the Venezuelan people,” said José Miguel Vivanco, Americas director at Human Rights Watch. “The ICC prosecutor has a mandate to hold those most responsible for the gravest international crimes to account, so this decision should be a powerful wakeup call not only for those who committed abuses or covered them up, but also for military and civilian leaders who knew or should have known what was happening and failed to act.”
Acceso a la Justicia “welcomed the Prosecutor’s decision and consider that it is historic and will have repercussions beyond our borders” (in Spanish).
Un Mundo Sin Mordaza “welcomes the opening of the investigation phase by Prosecutor Karim Khan of the International Criminal Court in the Venezuela I case." And stated : “(i) we applaud and celebrate the opening of the investigation phase of the crimes against humanity committed in Venezuela during the 2017 protests; (ii) we demand the Venezuelan regime to cooperate with the ICC during the investigation process of the Venezuela I situation; and, (iii) we reiterate our full support and willingness for the accompaniment of the ICC Office of the Prosecutor in the Venezuela I situation.”
Erika Guevara-Rosas, Americas Director at Amnesty International said: “Above all, the Prosecutor’s approach must ensure that the rights to justice of victims and survivors of human rights violations in the country are respected and fulfilled by the Court and in Venezuela. It is paramount that human rights defenders who have sought justice at the ICC should be protected against any reprisals.”
Centro de Justicia y Paz (CEPAZ) noted that “The investigation gives hope to the victims of the acts of repression and persecution that have occurred in the country at least since 2017 and will allow the prosecution to use its resources to obtain more evidence of what happened. »
BACKGROUND:
Venezuela deposited its instrument of ratification of the Rome Statute on 7 June 2000. The ICC may therefore exercise its jurisdiction over Rome Statute crimes committed on the territory of Venezuela or by its nationals from 1 July 2002 onwards.
The OTP has been examining the situation in the Venezuela since February 2018, upon the Prosecutor’s own initiative under Article 15 of the Statute. In September 2018, the Office of the Prosecutor 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 ("Situation in the Bolivarian Republic of Venezuela I").
On 28 September 2018, the Presidency assigned the situation in the Bolivarian Republic of Venezuela to Pre-Trial Chamber I. On 19 February 2020, the Presidency reassigned the Situation in the Bolivarian Republic of Venezuela I to Pre-Trial Chamber III.
In 2020, the Office concluded that there is a reasonable basis to believe that crimes against humanity, particularly in the context of detention, have been committed in Venezuela since at least April 2017. Since then, the preliminary examination has also focused on the existence and genuineness of national proceedings as part of the admissibility assessment.
Venezuela II
On 13 February 2020, the ICC Office of the Prosecutor received a referral from the Government of Venezuela a referral under article 14 of the Rome Statute regarding the situation in its own territory.
In its referral, the Government of Venezuela states that crimes against humanity are committed "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."
The Prosecutor 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”.
USEFUL LINKS:
ICC webpage on the Situation in Venezuela: https://www.icc-cpi.int/venezuela
“Venezuela crisis: What role for justice?”: https://www.coalitionfortheicc.org/news/20170809/crisis-venezuela-role-justice