Associated Press
CARACAS (AP) — The National Assembly of Venezuela, with an overwhelming pro-government majority, approved on Tuesday in a first discussion a project to repeal the law that ratified the accession to the Rome Statute, the constitutive instrument of the International Criminal Court (ICC), which aims to withdraw the South American country from that global court.
The initiative, whose content is unknown, would come into force after being reviewed and approved in a second legislative discussion – on a date yet to be determined – and being promulgated by Maduro and published in the Official Gazette.
“There is a biased position on the part of the International Criminal Court and that is why we are proposing before this Assembly the repeal of this instrument,” said official deputy Roy Daza when presenting the project in the unicameral legislature.
Venezuela ratified the Rome Statute in June 2000 during the mandate of then-president Hugo Chávez (1999-2013). The ICC exercises jurisdiction over crimes committed in the territory of Venezuela or by its nationals as of July 1, 2002.
The ICC is a court of last resort that investigates war crimes, crimes against humanity and other serious crimes when nations are unable or unwilling to do so, a system known as complementarity.
The Rome Statute also sets out the steps that a member state must follow if it wishes to withdraw from the court. The State party must inform the Secretary-General of the United Nations and the withdrawal takes effect one year after receipt of the notification. Announcing withdrawal, however, does not free the country from its duties under the treaty.
The approval of the legislative project came a day after the Maduro government accused the ICC Prosecutor’s Office of “disregarding” its duties after the deputy prosecutor of The Hague, Mame Mandiaye Niang, announced the closure of his office in Caracas.
In 2023, the Maduro government and the ICC Prosecutor’s Office agreed to open an office in Venezuela with the purpose of facilitating the investigation of alleged crimes against humanity against the Maduro administration due to the actions of public forces in the 2017 protests.
The ICC deputy prosecutor indicated on Monday that the decision was made to close the office due to a lack of “real progress” in “complementarity” with the Venezuelan government. This facility allowed the organization to work more closely with the country’s authorities, so that Venezuela could “do more to fulfill its obligations” within the framework of the Rome Statute.
The ICC Prosecutor’s Office highlighted that the investigation “remains active” and a team from that judicial instance will continue working from The Hague.
Venezuelan Foreign Minister Yván Gil, in a statement released on Monday on his Telegram channel, denounced that the ICC Prosecutor’s Office “did not show the slightest commitment or spirit of cooperation” and “never designated personnel to occupy said spaces.”
“Nor did he formulate his contributions and recommendations to the various initiatives in Venezuela, irresponsibly ignoring the responsibilities previously assumed. His agenda in the country was very clear: disengage and do nothing and then instrumentalize justice for political purposes,” the letter added.
The ICC has an open investigation into the violence that followed the 2017 Venezuelan elections, but has not yet issued any arrest warrants.
Khan announced in late 2021 that he would open an investigation after a lengthy preliminary investigation and a formal investigation request submitted in 2018 by Argentina, Canada, Colombia, Chile, Paraguay and Peru.
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