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Venezuela Announces Withdrawal from International Criminal Court

Although the withdrawal process has begun, Venezuela will remain bound by its obligations under the Rome Statute for one year after the United Nations receives formal notification.

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An exterior view of the International Criminal Court in the Hague, Netherlands, March 31, 2021. [Photo Credit: REUTERS/Piroschka van de Wouw ]

The Venezuelan government has formally initiated its withdrawal from the International Criminal Court (ICC), arguing that the Hague-based tribunal has become politically biased and no longer serves the principles of international justice. The decision comes as the court continues an investigation into alleged crimes against humanity in Venezuela, while officials insist the ICC has been used to pursue political objectives rather than impartial justice. Although the withdrawal process has begun, Venezuela will remain bound by its obligations under the Rome Statute for one year after the United Nations receives formal notification.

Venezuela has announced its decision to withdraw from the International Criminal Court (ICC), formally denouncing the Rome Statute that established the Hague-based tribunal. The announcement was made by Venezuelan Foreign Minister Félix Plasencia through a message published on his social media accounts, confirming that the government had notified United Nations Secretary-General Antonio Guterres of the decision taken by acting President Delcy Rodríguez.

According to Plasencia, the withdrawal has been initiated in accordance with Article 127 of the Rome Statute. In the notification sent to the United Nations, the Venezuelan government argued that the ICC’s conduct reflects what it described as a demonstrated geographical bias, alleging that the court has concentrated its work disproportionately on African and Latin American countries to the detriment of the Global South.

Plasencia stated that the ICC had “placed its mechanisms at the service of interests unrelated to justice and to the peoples it claims to protect”. He further accused the institution of engaging in “lawfare”, which he said perpetuates persecution against the Venezuelan people and deepens inequalities that international justice should instead seek to correct.

The announcement follows years of increasing criticism by the Venezuelan government towards the ICC, where an investigation remains open into the alleged commission of crimes against humanity. The investigation concerns accusations including torture, arbitrary detention, enforced disappearances and sexual violence. More than 8,000 victims of alleged political persecution have submitted testimony as part of the proceedings.

The Venezuelan government is also following a course similar to that adopted by the United States after the 3 January bombings that killed Nicolás Maduro, described in the source material as the leader of chavismo, and his wife, Cilia Flores. Two days before Venezuela’s announcement, US Secretary of State Marco Rubio wrote in an article published in The Wall Street Journal that the United States intended to dismantle the ICC “brick by brick if necessary”. Rubio wrote that “this is only the beginning” and pledged that Washington would use every available tool, working alongside allies, to dismantle the court.

According to analysts cited in the source material, Caracas and Washington share the objective of securing impunity through the weakening or elimination of one of the world’s principal institutions of international justice. In Venezuela’s case, this relates to its long record of alleged political persecution of opponents of chavismo. In the case of the United States, the source refers to military operations in Iran and Gaza, as well as bombings of vessels in the Caribbean last year during anti-narcotics operations. Those incidents had previously prompted Delcy Rodríguez, while serving as Maduro’s vice-president, to call for the ICC to investigate them as extrajudicial executions.

Despite the announcement, Venezuela’s withdrawal from the Rome Statute will not take immediate effect. Under the treaty’s provisions, the withdrawal becomes effective one year after the United Nations Secretary-General receives official notification. During that period, Venezuela remains bound by its obligations under the Rome Statute, including cooperation with ongoing investigations.

Alí Daniels, director of Acceso a la Justicia, described the decision as regrettable, noting that Venezuela had been among the countries involved in drafting the Rome Statute. He argued that the move does not contribute to strengthening international justice. Daniels also said the withdrawal should not affect the ongoing Venezuela I case, which is the first involving a Latin American country to advance before the ICC.

The Venezuela I investigation has already faced procedural developments, including allegations against Prosecutor Karim Khan that led to his removal from the case and, according to the source material, a decision on Thursday to remove him permanently from the court. Daniels maintained that Venezuela’s withdrawal would not halt the proceedings, pointing to the example of former Philippine president Rodrigo Duterte, whose country also withdrew from the Rome Statute but who is currently being tried before the ICC.

Although the Venezuelan government previously sought to delay the investigation through multiple legal challenges, judges in The Hague rejected those objections two years ago. The investigation formally began on 3 November 2021 after Argentina, Canada, Colombia, Chile, Paraguay and Peru referred the situation in Venezuela to the ICC in 2018. The government failed to demonstrate that the alleged crimes could be adequately addressed through domestic judicial processes, a factor that, according to the source material, contributed to the ICC closing its office in Caracas last year because of a lack of cooperation.

Sri Lanka Guardian

The Sri Lanka Guardian is an online web portal founded in August 2007 by a group of concerned Sri Lankan citizens including journalists, activists, academics and retired civil servants. We are independent and non-profit. Email: editor@slguardian.org

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