The International Criminal Court (ICC) has authorized the prosecutor to resume the investigation of alleged crimes against humanity committed in Venezuela during the government of Nicolás Maduro. The ICC considers that domestic judicial proceedings in Venezuela are insufficient and do not adequately reflect the scope of the required investigation.
Venezuela has announced its intention to appeal this decision, arguing that allegations of human rights violations should be resolved within the framework of its own judicial system. However, the ICC has noted that domestic investigations in Venezuela focus primarily on direct and lower-level perpetrators, while factual allegations related to crimes against humanity are not being adequately investigated.
The ICC communiqué highlights that Venezuela has conducted limited investigations and that there have been unexplained periods of investigative inactivity. Therefore, the judges have authorized Prosecutor Karim Khan to resume the investigation into the situation in Venezuela.
The Venezuelan government has regretted this decision, accusing the ICC of instrumentalizing the mechanisms of international criminal justice for political purposes. They claim that this move is part of a strategy promoted by the US authorities to try to overthrow Maduro.
Meanwhile, Venezuelan activists have welcomed the authorization given to the prosecutor to resume the investigation as a victory for the victims. However, the Venezuelan justice system has indicted and convicted law enforcement agents for human rights violations, although opponents of the government consider that these measures were taken to avoid a trial before the ICC.
According to the Rome Statute, a member state may officially request that the ICC prosecutor confine his investigation to its own territory. Despite the ICC decision, Venezuela has the possibility of providing material in the future for the Prosecutor’s Office or the Chamber to determine inadmissibility based on complementarity.