Overview

phase: Preliminary Examinations, Closed - Decision Not to Proceed

The first preliminary examination (now closed) in Venezuela focused on alleged atrocity crimes (crimes against humanity) committed during a conflict which involved Venezuelan government forces and political opposition groups and which occurred in April 2002.

President Hugo Chavez was elected to the presidency in July 2000. His presidency saw increased polarization among citizens as his power grew, resulting in his vast control of the Venezuelan government. On April 11, 2002, between 400,000 and 600,000 people participated in a march in Caracas outside the Miraflores Palace, the presidential palace, to demand the resignation of President Chavez. The march devolved into violence between Chavez opposition and government forces, resulting in more than 13 dead and more than 100 injured. President Chavez was taken into custody, and opposition business leader, Pedro Carmona proclaimed himself president. Just 48 hours later, on April 14, Chavez was returned to power.

Venezuela ratified the Rome Statute on June 7, 2000. The ICC has jurisdiction over Rome Statute crimes committed since July 1, 2002. On an unspecified date, the ICC Office of the Prosecutor (OTP) opened a preliminary examination into allegations of atrocity crimes.

On February 9, 2006, the OTP closed the preliminary examination on the grounds that the Rome Statute’s requirements for opening a formal investigation had not been met. The OTP noted that, as the ICC has jurisdiction over crimes committed since July 1, 2002 and most of the allegations were of crimes committed in April 2002, the ICC had no temporal jurisdiction over those alleged crimes. With regard to the remaining allegations of crimes committed after July 2002, the OTP concluded that, after considering the information available, there was no reasonable basis to open a formal investigation.  

phase: Situations & Cases

Background

The preliminary examination of the Situation in Venezuela I focuses on alleged atrocity crimes committed in the context of political unrest and related detentions in Venezuela since April 2017.

On February 9, 2006, the OTP closed a previous preliminary examination into allegations of atrocity crimes committed in April 2002 due to a lack of temporal jurisdiction. A separate (at this stage) preliminary examination (Venezuela II) is also ongoing.

ICC Status

Venezuela ratified the Rome Statute on June 7, 2000. The ICC has jurisdiction over Rome Statute crimes committed since July 1, 2002.

On February 8, 2018, the OTP opened a preliminary examination of the situation in Venezuela  since April 2017.

On September 27, 2018, the OTP received a referral from several States Parties, including Argentina, Canada, Colombia, Chile, Paraguay, and Peru, regarding the situation in Venezuela—the first time States Parties have referred a situation occurring in another State Party. The referring States requested the Prosecutor investigate alleged atrocity crimes committed in Venezuela since February 12, 2014 and determine whether one or more persons should be charged with the commission of atrocity crimes.

In its December 14, 2020 report, the OTP announced that it had completed its subject-matter assessment of the situation in Venezuela I and concluded that there is a reasonable basis to believe that crimes against humanity (deprivation of liberty, torture, rape and/or other acts of sexual violence, and persecution on political grounds)  have been committed in Venezuela since at least April 2017. In its analysis, the OTP focused on alleged mistreatment of detainees, finding a reasonable basis to believe that many security agencies/forces were involved in the crimes’ commission and that pro-government individuals worked with the security forces or with their acquiescence to repress individuals opposing or perceived to be opposing the Government of Venezuela.  The OTP requested information from the Government of Venezuela on any national proceedings relevant to these crimes.

Following a visit to Venezuela in November 2021, the Prosecutor opened an investigation in Venezuela I. The OTP also concluded a memorandum of understanding (Español) aimed at facilitating dialogue and cooperation as the investigation proceeds.

For more information on the investigation in Venezuela I, please visit the ICC page.

Other Resources (Non-ABA)

Report: Crackdown on Dissent: Brutality, Torture, and Political Persecution in Venezuela (Human Rights Watch, 2017)
Report of the Independent International Factfinding Mission on the Bolivarian Republic of Venezuela (UN Human Rights Council, 2020)
Report of the General Secretariat of the Organization of American States and the Panel of Independent International Experts on the Possible Commission of Crimes Against Humanity in Venezuela (2nd ed. 2021)

Updated 11/8/2021

phase: Preliminary Examinations, Subject Matter Jurisdiction Assessement

Background

The preliminary examination of the Situation in Venezuela II focuses on alleged crimes against humanity committed in Venezuela as a result of US sanctions, which have allegedly resulted in increases in both adult and child mortality, and negatively impacted human rights such as right to food, access to medical care and education.

On February 9, 2006, the OTP closed a previous preliminary examination into allegations of atrocity crimes committed in April 2002 due to a lack of temporal jurisdiction. A separate (at this stage) preliminary examination (Venezuela I) is ongoing into alleged crimes against humanity committed in Venezuela since April 2017.

ICC Status

Venezuela ratified the Rome Statute on June 7, 2000. The ICC has jurisdiction over Rome Statute crimes committed since July 1, 2002.

On February 13, 2020, the OTP received a referral from the Government of Venezuela regarding alleged crimes against humanity in Venezuela as a result of US sanctions. The OTP noted that the February 2020 referral is the second referral it has received regarding the situation in Venezuela. While the two referrals overlap both geographically and temporally, the Prosecutor did not make a determination as to whether scope of the two situations has sufficient overlap in order to merge the two into a single situation.

In its December 14, 2020 report, the OTP stated that it intends to conclude its subject matter jurisdiction assessment of the situation in Venezuela II in the first half of 2021.

As of September 2021, the preliminary examination of Venezuela II is in the subject-matter jurisdiction assessment phase. 

For more information on the preliminary examination in Venezuela II, please visit the ICC page. 

Updated 9/20/2021