This week, AlertaVenezuela shares some reflections from Luis Carlos Díaz, a human rights defender following the Venezuela I case, who explains in a simple and informative way the latest developments at the International Criminal Court and their potential impact on the Venezuela I case.
The Chief Prosecutor of the International Criminal Court (ICC), Karim Khan, has temporarily stepped down from his position while an external investigation into alleged sexual misconduct is conducted. His office made the announcement on Friday, May 16, 2025. At the same time, the Prosecutor faces a series of personal sanctions from the United States that have restricted his work and impacted the activities of the ICC. Let’s see what all this means and what effects it has on Venezuela.
The Venezuela case before the ICC: is it moving forward or stagnating?
During the absence of the Prosecutor General, Deputy Prosecutors Mame Mandiaye Niang and Nazhat Shameem Khan will assume the leadership of the Prosecutor’s Office. The announcement has been made. At the same time, each situation and case at the ICC has a team of people working on it, with deputy prosecutors carrying out their work. This activity continues, and those teams have not stopped working. Regarding Venezuela, for example, they are still in the investigation phase, which involves substantiating evidence to establish concrete cases that will allow them to point to the individual responsibility of high-ranking Venezuelan officials in possible crimes against humanity.
It is hoped that the situation in Venezuela will lead to concrete cases. This investigation was opened in late 2021, was delayed by the Venezuelan government, then appealed in 2023, and has been proceeding smoothly since March 2024, according to Court officials. Therefore, the resolution of an investigation against Prosecutor Khan at such a critical moment will be key to determining the future leadership and direction of the court. One of the deputy prosecutors assuming his role, Mame Mandiaye Niang, Deputy Prosecutor since 2022, worked at the ad hoc tribunals for Rwanda and Yugoslavia and coordinates the investigative team for the Venezuelan situation.
The situation of a prosecutor leaving his post is unprecedented, but the Rome Statute, the instrument that governs the ICC’s activities, provides mechanisms to ensure its work is not paralyzed. The question, of course, is whether the prosecutors are ready to issue new arrest warrants and move forward with the most pressing issues of their work, or whether they will wait for one of two possible scenarios: Karim Khan’s return to his post at some point, or whether the Assembly of States Parties decides to replace him. Both take time, and for victims, this can be measured in lives, grave violations, and migration. That is why the Court should not allow itself the luxury of delaying any proceedings, even though in practice it is impossible to feign normalcy and carry on as if nothing had happened when going through a turbulent storm.
An ethical precedent: investigating a prosecutor and protecting due process
This is an ethical precedent that indicates that no one is above justice. This is consistent because the ICC was created to prosecute the powerful who abuse their power. It’s also because the decision not to tolerate abuses can strengthen its legitimacy. And this ultimately sends a message: when a sitting prosecutor is prosecuted, the system applies to itself.
The case is also a call to strengthen institutional accountability mechanisms, reporting protocols, whistleblower protection, harassment prevention, and the need for quality investigations. A model to follow will emerge from this.
Finally, not only is the victim-centered, but due process is also protected and strengthened. The fact that something is investigated does not automatically imply culpability for the person accused. The prosecutor has the right to defend himself. That is why it is important to guarantee the truth and reparations once what happened is proven. This would achieve what we want and demand in Venezuela and everywhere: justice for the victims and procedural guarantees for the accused. Hopefully, it will happen without delay.
Latest news
On May 19, the panel of independent experts of the Organization of American States (OAS) on the possible commission of crimes against humanity in Venezuela presented its fourth report, entitled “From Detention to Torture and Disappearance: The Consolidation of State Terror in Venezuela.” The report highlights “forced disappearance as a state policy, the unprecedented escalation of arbitrary detentions, the broadening of the profile of victims with the aim of dismantling any form of social organization, and the executions of unarmed protesters.”
These are additional inputs that serve to bolster the Venezuela I case before the ICC. In fact, the OAS Secretary General urged the ICC to order Maduro’s arrest. There is plenty of evidence and no shortage of prosecutors.