ICC-02/18-16 17-01-2022 1/6 EC PT

Original: English No.: ICC-02/18

Date: 17 January 2022

PRE-TRIAL CHAMBER I

Before: Judge Péter Kovács, Presiding judge

Judge Reine Alapini-Gansou
Judge María Socorro Flores Liera

SITUATION IN THE BOLIVARIAN REPUBLIC OF VENEZUELA I

Public
With Confidential Ex Parte Annexes A-D only available to the Prosecution, the
Registrar and the Bolivarian Republic of Venezuela

Notification on the status of article 18 notifications in

the Situation in the Bolivarian Republic of Venezuela I

Source: Office of the Prosecutor

ICC-02/18 1/6 17 January 2022

 ICC-02/18-16 17-01-2022 2/6 EC PT

Document to be notified in accordance with regulation 31 of the Regulations of the

Court to:

The Office of the Prosecutor Counsel for the Defence

Mr Karim A. A. Khan QC

Legal Representatives of Victims Legal Representatives of Applicants

Unrepresented Victims Unrepresented Applicants

(Participation/Reparation)

The Office of Public Counsel for The Office of Public Counsel for the
Victims Defence

States Representatives Amicus Curiae

Competent authorities of the Bolivarian
Republic of Venezuela

REGISTRY
Registrar Counsel Support Section
Mr Peter Lewis

Victims and Witnesses Unit Detention Section

Victims Participation and Reparations Other

Section

ICC-02/18 2/6 17 January 2022

 ICC-02/18-16 17-01-2022 3/6 EC PT

Notification

1. The Office of the Prosecutor1 hereby respectfully informs Pre-Trial Chamber I2

that on 16 December 2021, pursuant to article 18(1) of the Rome Statute,3 it notified all

States Parties of the Prosecutor’s decision of 3 November 2021 to initiate an

investigation in the Situation in Venezuela.4

2. In the notification to States, the Prosecutor detailed the scope of the Situation

under investigation and set out the status of the proceedings and cooperation5 inviting

States to inform the Court, within one month of receipt of the notification as per article

18(2), whether they were investigating, or had investigated, their nationals or other

individuals within their jurisdictions with respect to the criminal acts allegedly

committed in the Situation. To assist States in their determination, the Prosecutor also

conveyed a summary of the findings of its Preliminary Examination.6

3. On the same day, 16 December 2021, in addition to the notification the Prosecutor

also addressed a separate letter to the Venezuelan authorities on proposed steps to

implement and give concrete effect to the MoU between the OTP and Venezuela.7 To

this end and also to address the procedural steps related to the article 18 process, the

Prosecutor and high-level representatives of the Venezuelan Government sought to

arrange an in-person meeting at the seat of the Court in December 2021. Due to a

conjuncture of events, the meeting could not take place as intended.

1
“OTP” or “Prosecution”.
2
“Chamber”.
3
“Statute”.
4
“Situation” or “Situation in Venezuela I”. See press release dated 5 November 2021 https://www.icc-
cpi.int/Pages/item.aspx?name=pr1625.
5
In this respect, reference was also made to the Memorandum of Understanding (“MoU”) signed in Caracas on 3
November 2021 by the Bolivarian Republic of Venezuela (“Venezuela” or “Venezuelan authorities”) and the
OTP: https://www.icc-cpi.int/itemsDocuments/otp/acuerdo/acuerdo-eng.pdf. As explained in the notification
letter, the MoU sets the stage for continued dialogue and cooperation between Venezuela and the OTP, pursuant
to the principle of complementarity.
6
Annex A, containing copy of the standard article 18 notification sent to all States together with a summary of
the findings of the preliminary examination of the Situation relating to Venezuela I.
7
Annex B.

ICC-02/18 3/6 17 January 2022

 ICC-02/18-16 17-01-2022 4/6 EC PT

4. On 3 January 2022, Venezuela requested additional information from the OTP in

relation to the acts which would be the object of the investigation into the Situation,

pursuant to rule 52(2).8

5. On 13 January 2022, following further consultation undertaken virtually with the

Venezuelan authorities, the Prosecutor responded to their request and provided

additional information about the acts that may constitute crimes referred to in article

5, subject to the limitations provided for in article 18(1).9

6. In a spirit of cooperation,10 dialogue and fairness, the Prosecutor further agreed

to grant Venezuela a three months extension, namely until 16 April 2022, to inform

the Court of its investigation within the meaning of article 18(2) – given that this time

period would ordinarily expire on 16 January 2022.11 This extension is appropriate and

justified due to several circumstances, which are to be considered exceptional given,

inter alia, the time that has elapsed between Venezuela’s 3 January request to the

Prosecutor and his 13 January response, the provision of additional information,

unsuccessful attempts by the Prosecution to meet in person with the Venezuelan

authorities to discuss relevant procedural matters, the intervening Court recess as well

as the ongoing challenges brought on by the on-going global pandemic.

7. This extension is also warranted to allow sufficient time, in the light of existing

schedules, for the Prosecutor to travel to Venezuela before the expiry period and, as

intended in December 2021, to engage in a meaningful dialogue with the Venezuelan

8
Annex C.
9
Annex D, pp. 3-9. The Prosecution notes that in addition to (i) the Prosecutor’s letter to Venezuela dated 13
January 2022 (p. 2-9), Annex D contains: (ii) a sample of open source reports (pp. 9-10) and (iii) a sample of
alleged incidents cited in those reports (pp. 10-19), both provided to Venezuela together with the Prosecutor’s 13
January 2022 letter; (iv) a letter signed by the then OTP Director of the Jurisdiction, Complementary and
Cooperation Division to Venezuela dated 19 October 2021 (pp. 20-21); and (v) a Summary of Preliminary
Examination Findings enclosed to the OTP 19 October 2021 letter (pp. 22-52). Annex D does not contain the
reports referred to in items (ii), (iii) and (v) given their voluminous nature, running into several thousands of
pages, and the limited purpose of this notification. The Prosecution stands ready to submit these reports should
the Chamber so instruct.
10
In further compliance with the Chamber’s direction in its decision ICC-02/18-9-Conf, disposition, p. 12.
11
Annex D, p. 6.

ICC-02/18 4/6 17 January 2022

 ICC-02/18-16 17-01-2022 5/6 EC PT

Government on issues of admissibility with a view to assessing, among others, the

scope and need for recourse to possible article 18 proceedings.

8. The Prosecution has in the meantime been informed by several other States

Parties that they are not investigating or have not investigated any individual for the

criminal acts allegedly committed in the Situation. One State Party advised the

Prosecution that it requires additional time in order to respond to the article 18

notification.

9. As the stipulation set out for the article 18(2) timeline is statutory, the

Prosecution deems it appropriate to apprise the Chamber of the status of notifications

to date and of the above-mentioned extension granted to Venezuela, to ensure

adequate regard for the Chamber’s judicial oversight throughout the article 18

procedure.

CONFIDENTIALITY

10. This filing is submitted as public with confidential ex parte Annexes A-D only

available to the Prosecution, Registry and the Government of Venezuela, pursuant to

regulation 23bis(1),12 as they include confidential correspondence between the OTP

and State Parties in the context of the Situation, as also foreseen in article 18(1). The

Prosecution submits that all information relevant to the public contained in Annexes

A-D is provided with sufficient level of specificity in the filing.

12
Regulations of the Court.

ICC-02/18 5/6 17 January 2022

 ICC-02/18-16 17-01-2022 6/6 EC PT

Mr Karim A. A. Khan QC, Prosecutor

Dated this 17th day of January 2022

At The Hague, The Netherlands

ICC-02/18 6/6 17 January 2022