Venezuela I

Situation in the Bolivarian Republic of Venezuela I

ICC-02/18

Situation referred to ICC by a group of States Parties on 27 September 2018.

ICC Prosecutor announced that the preliminary examination had been concluded with a decision to proceed with investigations, on 3 November 2021.

Procedural history

On 27 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.

Pursuant to article 14 of the Statute of the International Criminal Court (ICC), the referring States requested the Prosecutor to initiate an investigation on crimes against humanity allegedly committed in the territory of Venezuela.

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.

On 3 November 2021, the Prosecutor announced that the preliminary examination had been concluded with a decision to proceed with investigations.

The Prosecutor's announcement was coupled with an agreement between the Bolivarian Republic of Venezuela and Office of the Prosecutor to continue to foster means and mechanisms to support and promote genuine national proceeding in Venezuela, while undertaking to establish mechanisms to enhance cooperation between the parties to facilitate the discharge of the Prosecutor's mandate on the territory of Venezuela.

On 21 April 2022, the Prosecutor notified the Pre-Trial Chamber that he had received a request from the Bolivarian Republic of Venezuela to defer the Office's investigations in favour of the actions carried out by the national authorities of Venezuela, pursuant to article 18 of the Rome Statute. In the same notification, the Prosecutor also informed the Pre-Trial Chamber of his intention to apply, as soon as possible, for authority to resume the Office’s investigations, having reviewed the basis of the deferral request.

On 1 November 2022, the Prosecutor filed an application before Pre-Trial Chamber I seeking authorisation to resume the investigation in the Situation in the Bolivarian Republic of Venezuela. On 27 June 2023, Pre-Trial Chamber I authorised the ICC Prosecution to resume its investigation in the situation in the Bolivarian Republic of Venezuela I. On 1 March 2024, the Appeals Chamber rejected the appeal of the Bolivarian Republic of Venezuela against Pre-Trial Chamber I’s decision of 27 June 2023 and confirmed the “Decision authorising the resumption of the investigation”.


Jurisdiction

Venezuela deposited its instrument of ratification of the Rome Statute on 7 June 2000. The ICC may exercise its jurisdiction over Rome Statute crimes committed on the territory of Venezuela or by its nationals from 1 July 2002 onwards.