Preliminary examination

Venezuela II

ICC-01/20

​On 13 February 2020, the Office of the Prosecutor of the ICC received a referral  from the Government of the Bolivarian Republic of Venezuela a referral under article 14 of the Rome Statute regarding the situation in its own territory, in accordance with its prerogatives as a State Party to the Rome Statute.

Pursuant to article 14(1) of the Rome Statute, the referring State requests the Prosecutor to initiate an investigation into crimes against humanity allegedly committed on the territory of Venezuela, with the view to determining whether one or more persons should be charged with the commission of such crimes. In its referral, the Government of Venezuela states that crimes against humanity are committed "as a result of the application of unlawful coercive measures adopted unilaterally by the government of the United States of America against Venezuela, at least since the year 2014." 

On 19 February 2020, the Presidency assigned the Situation in the Bolivarian Republic of Venezuela II to Pre-Trial Chamber III.

On 12 March 2026, the Office of the Prosecutor concluded its preliminary examination, finding no reasonable basis to believe that crimes within the jurisdiction of the Court have been committed. 

The Office has determined that the evidential requirements of causation and intent are not met. The information examined must provide a reasonable basis to believe that sanctions by the United States of America led to crimes against humanity such as murder, displacement or other alleged crimes. However, the available information did not demonstrate for the purpose of criminal law a sufficient causal relationship between the sanctions and the alleged crimes, and that they were carried out with the necessary intent. 

The Government of Venezuela may, within 90 days from the notification, request the Chamber to review the Office’s decision not to proceed with an investigation.