International Criminal Court (ICC) prosecutor Karim A.A. Khan Thursday stated that the Venezuelan government had requested him to defer an investigation into alleged crimes against humanity committed since 2017 to national authorities.

The ICC prosecutor began his initial investigation into the situation in Venezuela in November 2021. The Venezuelan government filed this request under Article 18 of the Rome Statute, under which a state may inform the ICC that it is investigating crimes falling within the court’s jurisdiction. Therefore, the ICC should defer the investigation to state authorities.

Khan’s predecessor, Fatou Bensouda, had initiated a preliminary examination in 2018 to determine whether the situation in Venezuela met the statutory requirements of the Rome Statute to open an investigation, categorised as the Situation in Venezuela I and II.

In November 2021, along with initiating the investigation, the ICC prosecutor’s office and Venezuela signed a memorandum of understanding (MOU) to promote cooperation and complementarity between the two parties to fulfil their responsibilities under the Rome Statute. In March 2022, the prosecutor’s office and Venezuela agreed to establish an office in Caracas to facilitate the implementation of the MOU.

The Rome Statute requires the prosecutor to either accept the deferral request or apply to the Pre-Trial Chamber for authorization to continue his investigation. The prosecutor has notified the Pre-Trial Chamber of the deferral request and conveyed his intention to apply to resume his investigation shortly. In the notification, he stated that the deferral request does not contain any new information or supporting material that would alter his original assessment of the situation in the country.

The Pre-Trial Chamber will decide upon the procedure to be followed once the prosecutor submits his application. He has also stated that his office could seek authorization for specific investigative measures under Article 18(6) of the Rome Statute.

Venezuela’s opposition leader, Juan Guaidó, has welcomed the prosecutor’s decision. Several human rights organisations have approved the ICC prosecutor’s investigation and urged the international community to support its work financially and politically.