February 2022

Monthly News Updates: International Criminal Court News Updates – February 2022

By: Claire Kaula, Junior Research Associate, PILPG-NL

ICC Prosecutor Karim A.A. Khan released a statement clarifying the ICC’s jurisdiction in the context of the Ukraine-Russia Conflict.  The ICC also held several important hearings including the trial opening in the Gicheru case and the Defense’s appeal in the Ongwen case, which featured interventions from PILPG’s Michael Scharf, Milena Sterio, and Jonathan Worboys.

INTERNATIONAL CRIMINAL COURT

ICC Prosecutor issues a statement on the Situation in Ukraine

On February 25, ICC Prosecutor Karim A.A. Khan released a statement clarifying the ICC’s jurisdiction regarding the conflict occurring between Ukraine and Russia.  Prosecutor Khan highlighted the September 2015 declaration from Ukraine to the ICC.  In the 2015 declaration, Ukraine accepts the ICC’s jurisdiction for any crimes against humanity, genocide, and war crimes occurring on its territory beginning on February 20, 2014.  On February 28, Prosecutor Khan announced his Office is proceeding to gain authorization from the Pre-Trial Chamber to open an investigation into the Situation in Ukraine as quickly as possible. [February 28, 2022]

ICC Prosecutor issues a statement for International Day against the Use of Child Soldiers

ICC Prosecutor Karim A. A. Khan commemorated the International Day against the Use of Child Soldiers, by expressing his concern of the continued recruitment and use of children in hostilities.  He notes that child recruitment and use was at a record high in 2020, with 8,521 recorded incidents.  Prosecutor Khan emphasized that the Office of the Prosecutor is pursuing important steps to ensure accountability, but calls for continued action to protect children in situations of conflict. [February 14, 2022]

ICC Prosecutor attends 2022 African Union Assembly

On February 5-6, 2022, ICC Prosecutor Karim A.A. Khan attended the 35th Heads of State Summit of the African Union, which took place in Addis Ababa, Ethiopia.  Prosecutor Khan met with several leaders including Faustin-Archange Touadéra, President of the Central African Republic, and Félix Tshisekedi, President of the Democratic Republic of the Congo. [February 6, 2022]

ASIA

Bangladesh | ICC Prosecutor visits Bangladesh to address the Situation in Bangladesh/Myanmar 

ICC Prosecutor Karim A. A. Khan visited Bangladesh to address the Situation in the People’s Republic of Bangladesh/Republic of the Union of Myanmar.  During the visit, the Prosecutor met with national authorities including Prime Minister Sheikh Hasina and Foreign Secretary Masud Bin Momen.  The investigation into the Bangladesh/Myanmar Situation was requested by the Office of the Prosecutor in July 2019 and authorized by the Pre-Trial Chamber III in November 2019. [February 14, 2022]

THE AMERICAS

Columbia | President of Colombia visits the International Criminal Court

On February 17, 2022, the President of the Republic of Colombia, Iván Duque Márquez, visited the ICC and reaffirmed Colombia’s commitment to the ICC and expressed his admiration for the ICC’s work.  This follows ICC Prosecutor Karim A. A. Khan’s visit to Colombia in October 2021, when the Office of the Prosecutor and the Government of Colombia signed a cooperation agreement. [February 17, 2022]

Bolivia | Situation in Bolivia does not meet criteria for opening investigation

The Government of Bolivia referred the Situation in Bolivia to the Office of the Prosecutor in August 2020.  The referral alleges crimes against humanity occurred as a result of road blockades in August 2020 that restricted vital medical access leading to the death of over 40 people.  The Office conducted a preliminary examination and concluded that there is no reasonable basis that crimes within the ICC’s jurisdiction occurred.  Therefore, the Office of the Prosecutor considers that the Situation in Bolivia does not meet the criteria for opening an investigation. [February 14, 2022]

AFRICA

Central African Republic | Trial Chamber schedules opening date for Said case

The ICC Trial Chamber IV scheduled the trial of the case The Prosecutor v. Mahamat Said Abdel Kani to begin on September 26, 2022.  On December 9, 2021, Pre-Trial Chamber II confirmed charges against Mr. Mahamat Said Abdel Kani of war crimes and crimes against humanity committed in the Central African Republic in 2013. [February 21, 2022]

Kenya | Gicheru case trial opens

On February 15, 2022, the trial for the case The Prosecutor v. Paul Gicheru opened before the ICC Trial Chamber III.  Mr. Gicheru is facing charges as a co-perpetrator for offenses against the administration of justice between April 2013 and September 2015.  Mr. Gicheru pled not-guilty to all charges.  ICC Deputy Prosecutor, James Stewart, is appearing before the Court, as Prosecutor Karim A. A. Khan recused himself from the case. [February 15, 2022]

Uganda | Hearing held for the Defense’s Appeal in the Ongwen case

Between February 14 and 18, the ICC Appeals Chamber held hearings for the case The Prosecutor v. Dominic Ongwen.  In February 2021, Mr. Ongwen was found guilty of 61 crimes against humanity and war crimes committed between 2002 and 2005 in Northern Uganda.  The Defense is now raising 101 grounds for appeal which include legal, factual, and procedural errors relating to the conviction and the sentence.  This is the largest appeal in ICC history and raises many new issues for the Chamber to consider.  These initial hearings are for the Chamber to hear the parties and legal representatives address the Defense’s grounds for appeal.  Several amici curiae submitted observations and participated in the hearing.  This included PILPG co-founder Michael Scharf, who delivered remarks on PILPG’s amicus curiae observations to the Chamber.  Milena Sterio and Jonathan Worboys represented PILPG at the Chamber’s question and answer session. [February 15, 2022]

Côte d’Ivoire | ICC Chamber rejects Mr. Blé Goudé’s request for compensation

In 2019, the ICC Trial Chamber I acquitted Mr. Blé Goudé of charges of crimes against humanity occurring between December 2010 and April 2011 in Côte d’Ivoire.  Mr. Blé Goudé requested compensation under Article 85(3) of the Rome Statute.  Article 85(3) outlines that the ICC may award compensation where “there has been a grave and manifest miscarriage of justice.”  The Article 85 Chamber reviewed the instances where Mr. Blé Goudé alleges wrongful prosecution, and did not find “grave and manifest miscarriage of justice.”  Therefore, the Chamber rejected Mr. Blé Goudé’s request for compensation. [February 10, 2022]

Mali | Legal Representatives of Victims makes opening statements in the Al Hassan case  

On February 8, 2022, the Legal Representatives of Victims (LRV) made opening statements in the case The Prosecutor v. Al Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud. The LRV described how the 1,946 victims participating in the proceedings faced violations of their fundamental rights including sexual violence, arbitrary arrests and judgements, and some women continue to face socio-economic and financial harm. Mr. Al Hassanis facing charges of crimes against humanity against the civilian population from April 1, 2013 to January 28, 2013. [February 8, 2022]

The Koblenz trial: Refugeehood and international criminal justice

By: Ana Luz Manzano Ortiz, Junior Research Associate, PILPG-NL

Prosecuting the Syrian conflict’s war criminals is a difficult affair. Syria is not a signatory of the Rome Statute, so the International Criminal Court has no mandate to investigate or prosecute war crimes committed on its territory and/or by its nationals. Members of the United Nations Security Council have previously sought to establish a mandate over these crimes, but were blocked by Russian and Chinese vetoes. However, a German court has taken this task into its own hands by exercising the principle of universal jurisdiction, which enables any court in the world to hear cases involving war crimes, genocide, and crimes against humanity (CAH) due to the gravity of these crimes. This January, the Higher Regional Court in Koblenz sentenced a former member of the Syrian secret service to life imprisonment for torture, sexual violence, and the death of political opponents in detention centers.  

This case has been praised by advocates for refugee rights as an opportunity to set a strong judicial precedent regarding the atrocities committed by the Assad government. This could benefit Syrian refugees in Europe who are nowadays facing several measures that put them at risk of being returned to Syria. After a decade at war, how could this sentence impact the forcibly displaced population?

The Koblenz trial

On April 23, 2020, the First Criminal Division of the Koblenz Higher Regional Court in Germany indicted Anwar R. for complicity in 4,000 cases of torture, 58 murders, and cases of rape and sexual assault. The hearings saw the participation of dozens of experts, witnesses, and petitioners who described the acts committed by the accused. According to them, the Syrian armed forces detained hundreds of people identified as opponents of the Assad regime and sent them to the al-Khatib detention center. In this place, the Syrian secret service interrogated and tortured the detainees, and deprived them of their liberty for long periods of time under inhumane conditions. The Court found Anwar R. to be a high ranking official of the Syrian General Secret Service in charge of the al-Khatib unit.

The accused defected and fled to Germany in 2018, where he was identified a year later by Syrian refugees as their former persecutor. They informed the police, and their cycle of violence came to an end: the people that Anwar R. had forced to flee their homes brought him to justice. Anwar R. was sentenced to life in prison by the court.

Torture in Syria: refugees of today

While this ruling may further the cause of international criminal justice for Syrian victims, the case of Anwar R. is just the tip of the iceberg. He is only one individual among the vast network of authorities that are accused of being currently involved in CAH in Syria. To this day, the Syrian Network for Human Rights (SNHR) has reported that almost 1.2 million people have been deprived of their freedom in detention centers of the Assad government since March 2011, of which around 130,000 were believed to be still detained at the time of the report’s publication in June 2021. This situation, as well as the collapse of education, labor and social security systems, and attacks on civilian populations has forced more than six million Syrians to leave their homes and seek asylum around the world.

Why send Syrian refugees back?

Despite ongoing challenges in Syria, other states such as Germany, Denmark, Sweden, Turkey, and Lebanon have been taking measures that may result in the forcible return of Syrian refugees to their country of origin (COI). Based on a 2020 report by the European Asylum Support Office (EASO), which claims that the region of Damascus has not reported attacks against the civilian population since 2018, these states have alleged that this part of Syria is now safe. These states have claimed that this improvement means that refugees may no longer need international protection in their territories. Ironically, the same experts who contributed to the EASO report have condemned the decision to use their findings to claim that refugees should return to Syria, commenting that classifying Damascus as a safe zone does not mean that the country is in an overall safer condition for refugees to return. 

Returning refugees to their COI is allowed under International Refugee Law, but host states are required to comply with a strict set of requirements to justify doing so. Legal scholars have summarized these requirements under three basic principles: safety, dignity, and voluntariness. In short, to be able to return refugees to their COI, states have to carry out a cessation of status procedure, which needs to be done on an individual basis. The alleged fundamental changes in the country of origin shall have a direct effect on the risk of persecution of the particular individual, not merely to society in general. Host and receiver countries have to ensure that the return is safe and with dignity. And, most importantly, refugees must voluntarily decide if they want to return, and host states shall prove that there are no external forces pressuring refugees to make this decision. 

In the case of Syria, there may not be enough elements to consider that refugees are safe to return at this moment: Syrian armed forces are accused of committing CAH, such as those for which Anwar R. was sentenced in Koblenz, and people are continuously fleeing their homes to find refuge in other states. As was noted above, Syria’s social system may not have sufficient resources to resettle its millions of nationals living abroad. Furthermore, there are no reports of refugees voluntarily seeking to return; on the contrary, they are demanding that their host states uphold their right to stay. At the trial of Anwar R., refugee rights advocate groups protested on several occasions outside of the court with banners such as “Assad’s Syria = torture state #SyriaNotSafe!”, asking the German state to refrain from returning them to the place where their lives are at risk.

International justice for refugees

Judicial decisions can be a form of reparation by themselves, as they are a means to convey the truth about a conflict. The Koblenz Higher Regional Court has taken a step towards establishing the truth about CAH by Syrian state actors. Amidst a growing trend amongst host states of arguing that it is safe for refugees to return to Syria, the sentence handed down in Koblenz provides a reminder that this is not yet the case.

January 2022

Monthly News Updates: Domestic Prosecution of International Crimes – January 2022

By: Pauline Pfaff, Junior Research Associate, PILPG-NL 

The first month of 2022 saw developments regarding the domestic prosecution of international crimes. Several courts issued decisions, and numerous individuals and groups filed complaints. Important developments occurred especially in relation to crimes by the Islamic State and the determination of the situation of the Uyghur minority in China.

EUROPE

Germany | Trial starts against female Foreign IS Fighter for aiding and abetting crimes against humanity

The Court in the city of Halle opened the trial of Leonora Messing, a German woman who travelled to Syria to join the Islamic State at the age of 15.  She allegedly aided and abetted crimes against humanity by enslaving a Yazidi woman together with her husband in 2015. [January 25, 2022]

Bosnia and Herzegovina | Court confirms indictment of former military commander for crimes against humanity in 1992

The Bosnian state court affirmed the indictment of former Bosnian Serb military commander Miodrag Nikacevic. The charges pertain to his involvement in crimes against humanity, especially persecution, committed against Bosniaks in the Foca area in 1992. [January 25, 2022]  

Bosnia and Herzegovina | Court acquits former police chief of illegal detention charges

The Bosnian state court acquitted Malko Koroman, a former Bosnian Serb police chief, of war crime charges based on the absence of a causal link between Koroman and the underlying acts. These acts include the unlawful detention, torture, and killing of Bosniak civilians in the Public Security Station in Pale during the war in 1992. [January 24, 2022]

France/Croatia | European Court of Human Rights finds that Croatia did not violate the rights of the accused during war crime trial

The European Court of Human Rights ruled that the Croatian authorities did not violate the rights of former police commander Vladimir Milankovic during his trial for war crimes and rejected his complaint.  In 2013, a Croatian court found Milankovic guilty, on the basis of command responsibility, of war crimes committed in 1991 and 1992 in the Sisak and Banovina area. [January 20, 2022]

Bosnia and Herzegovina | Court indicts former Bosnian Army soldier for war crimes

The Bosnian state court confirmed the indictment of former Bosnian Army soldiers Dzevad Avdicevic, Ahmed Hadzajlic, Muharem Efendic, and Izet Ikanovic.  The defendants allegedly engaged in war crimes in the Teocak area in 1993 by abusing and killing prisoners of war. [January 19, 2022]

Bosnia and Herzegovina | Court convicts former Bosnian Serb Army soldier of crimes against humanity

The Bosnian state court found Sabahudin ‘Sasa’ Kajdic guilty of crimes against humanity and sentenced him to 12 years in prison in first instance.  Kajdic committed the acts of persecution, murder, and enforced disappearances of Bosniak civilians during his time as member of the Bosnian Serb Army in Prijedor in 1992.  [January 19, 2022]

Germany | Trial of Syrian doctor for crimes against humanity in military hospital starts

The trial of Alaa M., a Syrian doctor, for crimes against humanity started before Frankfurt’s higher regional court.  Alaa M. allegedly tortured and killed detainees while working in a military hospital in Damascus in 2011 and 2012.   [January 19, 2022]

United Kingdom | Metropolitan Police’s war crimes unit reviews war crimes allegations in relation to the disputed Kashmir region

Stoke White, a London-based law firm, filed an application seeking the arrest of two high ranking Indian officials, army chief General Manoj Mukund Naravane and Home Affairs minister Amit Shah, based on their alleged roles in war crimes in the Kashmir region.  The allegations include torture, killings, and kidnappings of civilians, journalists, and activists.  The Metropolitan Police’s war crimes unit is reviewing the application. [January 19, 2022]

France | Torture claims against the new Interpol president

Three individuals filed criminal complaints with French authorities against the new Interpol president, Major General Ahmed Nasser al-Raisi.  Al-Raisi was allegedly involved in torture and arbitrary detentions in the United Arab Emirates.  [January 18, 2022]

Montenegro | Police arrests suspect who allegedly committed war crimes in Bosnia and Herzegovina in 1992

The Montenegrin authorities arrested and charged Slobodan Curcic with committing war crimes. He allegedly killed, raped, and performed other sexual abuse on civilians in Foca, Bosnia and Herzegovina, during the war in 1992. [January 18, 2022]

Bosnia and Herzegovina | Court rejects indictment for crimes against humanity against suspect for the second time

The Bosnian state court rejected, for the second time, claims against wartime Serb official Milenko Stanic for taking part in a joint criminal enterprise to commit crimes against humanity.  The alleged underlying acts include murder, unlawful detention, torture, deportation, rape, and forcible disappearances of Bosniak civilians in the Vlasenica area between April 1992 and March 1993.  The court had already rejected an initial indictment against Stanic in November 2021 and has now noted that the new indictment was not amended as requested. [January 14, 2022]

Germany | Court sentences former security officer to life imprisonment for state-induced torture in Syria

The Koblenz district court convicted former high ranking Syrian security officer Anwar Raslan of crimes against humanity in the forms of murder, torture, deprivation of liberty, sexual violence, and taking of hostages.  Raslan travelled to Germany as a refugee and successfully sought asylum, where fellow Syrians recognized him as the operative director of the notorious Al-Khatib prison.  The case against Raslan was the first worldwide on state-sponsored torture in Syria.  [January 13, 2022]

Lithuania | Six Lithuanians file lawsuit against former Soviet leader Mikhail Gorbachev for war crimes in 1991

Six Lithuanian individuals who lost relatives during the 1991 independence struggle filed a lawsuit against former Soviet leader Mikhail Gorbachev for war crimes.  A Lithuanian court convicted several former Soviet officials of war crimes in 2019.  However, it refused to investigate Gorbachev.  [January 13, 2022]

Sweden/France | Swedish and French authorities launch joint task force to investigate Yazidi genocide

Swedish and French authorities established a joint task force to investigate and prosecute the atrocity crimes committed by the Islamic State against the Yazidi community.  The team will work within the Eurojust framework and aims at sharing information and evidence to enhance the efficiency and effectiveness of investigations.  [January 7, 2022]

Bosnia and Herzegovina | Bosnian authorities charge former Bosnian Serb general for attack on Srebrenica in 1995

The Bosnian state prosecutor charged Milenko Zivanovic, a former Bonsian Serb General, with planning and directing attacks against Bosniak civilians in the areas of Srebrenica and Zepa in 1995.  Zivanovic further allegedly commanded military and police units responsible for the capture and illegal detention of thousands of male Bosniaks in the Srebrenica area. [January 4, 2022]

Sweden | Swedish prosecutor charges woman with war crime for enlisting her son as IS fighter

The Swedish prosecutor charged an unnamed woman with war crimes for allegedly allowing her son to fight as a child soldier for the Islamic State in Syria.  The woman and her son allegedly joined IS in 2013, when the child was 12 years old.  He remained with the group until May 2016 and allegedly took active part in hostilities.  The boy died in 2017. [January 4, 2022]

ASIA

China/France | Chinese leadership condemns French parliament resolution on genocide against the Uyghurs

The Chinese leadership issued a statement rejecting the French National Assembly’s allegation of genocide against the Uyghur Muslim minority. In its resolution, the National Assembly termed the treatment of members of the Uyghur minority by the Chinese authorities a genocide while acknowledging that a definite legal determination can only be based on a judicial investigation. Other countries, including the United States, Canada, the Netherlands, Great Britain, and Belgium have taken a similar position to France in relation to the situation of the Uyghurs. [January 21, 2022]

Cambodia | Extraordinary Chambers in the Courts of Cambodia dismisses last genocide case

The Extraordinary Chambers in the Court of Cambodia dismissed the charges of genocide against Yim Tith, a businessman and former commander during the Pol Pot reign. The dismissal is based on a prior Supreme Court decision to terminate the case dated December 28, 2021, due to a lack of an enforceable indictment. The dismissal formally marks the end of ECCC prosecutions of Khmer Rouge atrocities. [January 4, 2022]

Turkey/China | Uyghurs file criminal complaint against Chinese officials for genocide and crimes against humanity before Turkish court

Nineteen members of the Uyghur Muslim ethnic group filed a criminal case against several Chinese individuals associated with state entities in Turkey.  The claimants allege that the officials committed crimes of genocide and crimes against humanity.  The underlying acts, which include torture and rape, allegedly took place in detention camps that Chinese authorities set up in 2016 to detain approximately one million Uyghurs.  The claimants chose Turkey as a venue for their case due to the presence of a large Uyghur diaspora community and close ethnic, religious, and linguistic ties with the country. [January 4, 2022]

THE AMERICAS

Guatemala | Court sentences five men to 30 years imprisonment for rape of indigenous women during civil war

A Guatemalan court sentenced five individuals to prison sentences of 30 years each for crimes against humanity committed during the Guatemalan civil war in the early 1980s.  The individuals are former paramilitary patrolmen and raped five Maya Achi women, some of which were only 12 years old at the time.  [January 25, 2022]

Guatemalan authorities filed the charges against these five former members of the Civil Self-Defence Patrols (PAC) in early January. The charges included allegations of the rape of 36 indigenous Mayan women over a five-year period during the 1980s civil war. The accused denied the charges. [January 7, 2022]

United States/Cuba | U.S. Department of Defense charges Guantanamo detainee with war crimes in relations to the Bali bombing and attack on JW Marriott hotel in 2002

The U.S. Department of Defense referred charges against Encep Nurjaman (fighter name Hambali), a former member of the Jemaah Islamiyah, an Indonesian extremist group. He allegedly committed war crimes by participating in the so-called Bali bombing in 2002 and the attack on the JW Marriot Hotel in Jakarta in 2003. Nurjaman has been detained in the Guantanamo Bay prison for the past 16 years. [January 13, 2022]

January 2022

Monthly News Updates: International Criminal Court – January 2022

By: Claire Kaula, Junior Research Associate, PILPG-NL

In January, the ICC held a special session to open the 2022 judicial year.  The session reflected on the last 20 years of the Court’s work and discussed its work for the coming year.

INTERNATIONAL CRIMINAL COURT

ICC opens the 2022 judicial year

On January 20, 2022 the ICC opened its 2022 judicial year with a special session.  In his opening speech Judge Piotr Hofmański said the session was to briefly commemorate what the Court has done, but most importantly to focus on what the Court will do in the new year.  Due to COVID-19 restrictions, most judges attended virtually, and the event was live streamed and recorded. [January, 20, 2022]

ICC Prosecutor addresses UN Security Council on the Situation in Darfur

Pursuant to UN Security Council Resolution 1593 (2005), ICC Prosecutor Karim A.A. Khan addressed the UN Security Council on the Situation in Darfur.  Prosecutor Khan discussed the progress the ICC has made.  This includes confirming 31 charges against Mr. Abd-Al-Rahman (also known as Ali Kushayb) and setting the trial to start April 2022.  The ICC is conducting outreach to ensure the Sudanese population can follow the trial.  The Office of the Prosecutor is also strengthening the cases against Mr. Al Bashir and Mr. Hussein, but it requires stronger cooperation from Sudan, the UN Security Council, and UN member states.  Prosecutor Khan ended by emphasizing the ICC’s “unwavering commitment” to honor the UN Security Council’s Resolution. [January 17, 2022]

The ICC’s venture in the Americas: Situation in the Bolivarian Republic of Venezuela

By: Ana Luz Manzano Ortiz, Junior Research Associate, PILPG-NL

Over the years, the Americas has been a highly supportive region for the work of the International Criminal Court (ICC).  However, it was only this year that the Court paid its first visit to the region, with Prosecutor Mr. Karim Khan’s trip to Colombia and Venezuela on October 25, 2021.  During this visit, the Prosecutor announced an important decision for the future of international criminal justice in the region: the beginning of a formal investigation into the acts committed by President Nicolas Maduro’s Government in Venezuela.  This impactful decision raises a question: which are the crimes against humanity (CAH) that the ICC is paying attention to in the Venezuela, and why? 

Dictatorships and massacres in the Americas have resulted in an extensive history of human rights violations.  Human rights activists have been systematically persecuted for demanding justice, truth, and reconciliation.  Consequently, civil society organizations continuously call for the intervention of the ICC through their representatives at the Organization of American States (OAS).  However, the principle of non-intervention, the right of every sovereign state to conduct its affairs without outside interference, is strong in Latin American diplomacy, so Member States of the OAS are generally reluctant to make accusations against  each other.

Nevertheless, in 2017, the interest from the OAS’s Secretary General, Luis Almagro, into the Venezuelan political situation has opened the door for a group of Member States of the OAS to bring the first case of CAH in the Americas to the ICC.  Almagro appointed a Panel of Independent International Experts in September 2017 to analyze whether the presidency of Nicolás Maduro is responsible for the commission of CAH in Venezuela, and whether the situation should be referred to the ICC.  Since Venezuela withdrew from the OAS, Almagro has been advocating to sanction Maduro under the Inter-American Democratic Charter for the humanitarian crisis. 

In line with the findings of the Panel, on September 26, 2018, Argentina, Canada, Colombia, Chile, Paraguay, and Peru referred the case to the ICC under article 14 of the Rome Statute.  According to Fatou Bensouda, who was then the Prosecutor, this was the first time a group of states had jointly referred a case under this provision. 

According to observations by the ICC Office of the Prosecutor on the case, there have been found reasonable grounds to believe that civilian authorities, members of the armed forces, and pro-government individuals may be responsible for CAH, including imprisonment or other severe deprivation of physical liberty, torture, rape and/or other forms of sexual violence of comparable gravity, and persecution on political grounds. 

During his visit to the Americas, Mr. Khan met with Venezuela’s President, and they signed a Memorandum of Understanding.  The document declares that a formal investigation has been opened and that Venezuela, although disagreeing with the ongoing investigation, will cooperate with the Office of the Prosecutor (OTP) to establish the administration of justice. 

Whether this agreement holds any good prospects of contributing to justice in Venezuela is yet to be seen.  The President has other interests in cooperating with the ICC, such as an investigation that he has referred to the ICC claiming the United States of America (USA) has committed CAH through the economic sanctions against his country.  So, there is a risk that Maduro’s cooperation with the ICC might end if the ICC does not proceed against the USA.

Additionally, Khan declared during the 20th session of the Assembly of States Parties to the ICC that the decision to work with Maduro is an example of his emphasis on supporting states' efforts to hold the perpetrators accountable for atrocities committed on their territories, given the ICC’s limited funding for this year.  The Prosecutor is investing in the principle of complementary — the idea that domestic courts should be the first responsible for dealing with violations of international criminal law — as mentioned in the memorandum with Venezuela.  Providing states with technical assistance to investigate CAH in their territories will be the main strategy for international criminal justice for the Court.

As of now, the reaction to the decision of investigating these alleged CAH in Venezuela has been positive: victims’ representatives have applauded the decision of the ICC to intervene, as it has raised their hopes in their long journey for justice. Nonetheless, and regardless of why these are the first CAH being formally investigated by the ICC in the region, other questions remain for the rest of the Americas. In particular, it remains to be seen whether other petitions for the ICC’s intervention in the Americas will be heard.