At the end of September, an Argentine court ordered the arrest of Venezuelan officials on the grounds that there has been a “systematic plan” in the country to carry out torture, kidnappings and executions. This is done under the premise of universal jurisdiction, which allows for the atrocious crimes committed in other countries to be tried in places where there is no interest or capacity to do real justice. It is a way of protecting the victims, who in the face of such serious crimes encompass humanity as a whole, and of trying to put a stop to the abuses that continue to be committed and that can become regional threats.
The measure is quite complex because the Argentine courts were activated in parallel for two cases regarding Venezuela, one presented in January 2023 by the Argentine Forum for the Defense of Democracy (FADD), in which they denounced patterns of torture and persecution; while a few months later another complaint was received for extrajudicial executions committed in 2014, and whose victims are supported by the Clooney Foundation for Justice.
The best thing that could happen is that both cases remain separate even though they refer to the same country, because one points to the top of the chain of command in Venezuela and the other points to middle ranks and those directly responsible for crimes. In all cases, those in charge of investigating and sanctioning will have to recover evidence to support each accusation, but that is where the processes and the distance to be covered between the facts and those responsible for each case are different. Of course, both cases feed off each other because they have in common that Venezuela is a country without independent courts or an autonomous judicial power that can judge these crimes, but the traceability that exists from those affected to those responsible requires different work capacities.
In reality, we are in a new terrain of justice that we must navigate together and especially in the midst of the migratory eruption of Venezuelans, which continues to impact the world because of the crisis by design assembled by Chavismo in Venezuela and which is just beginning to have movements in international courts to respond to the horrors that have been experienced. The cause for justice for crimes against humanity has another front in Argentina, and not only in the International Criminal Court, which is in the investigation stage and in which the Prosecutor has complete autonomy to define, at the time he decides (there is no deadline), when he will have a case or several where he will establish those directly responsible and orders for their arrest or appearance before the courts in The Hague. In this case, Argentina has been activated as it did before for victims of Francoism, and as has also occurred in Germany, for example, with Syrians who are victims of their own government, and who have already migrated to Germany.
In this case, Argentine justice must advance taking care that its process is not politicized or vitiated by different pressures, as occurred with the presence of the Argentine Minister of Security, Patricia Bullrich, and a member of the Council of the Judiciary. Preserving the purity of a judicial process from the beginning helps ensure that everything that comes next goes well, which is the best thing that can happen to the victims who are waiting to be vindicated.
Meanwhile, society will have to work both on its own control of expectations and on reinforcing the need to document and report more cases to other international mechanisms, because an event like this inspires enthusiasm and shows that the path to justice can be painful and slow, but it strengthens memory, the establishment of truth, the need for reparation and the recognition of everything that has happened, even though for years many international actors did not believe the Venezuelans.
Another key thing is to work on preserving evidence, witnesses, victims and family members, because in this new field of justice, their risk increases considerably in the face of retaliation by torturers. That is why even the reactions and celebrations to this type of news are under analysis and monitoring. More than good intentions are needed to ensure protection. It is key that other States participate and provide support.
This first step in Argentina can be followed by other countries that wish to show solidarity with Venezuelans, especially those who already live in their territories, because each State can complement the work of the International Criminal Court and not just wait for it from a distance.