The Office of the Prosecutor of the International Criminal Court (ICC) has concluded its preliminary examinations into the Situation in Venezuela II, and the Situation in Lithuania/Belarus, both referrals by States Parties to the Rome Statute.
After a thorough factual and legal assessment, the Office has made separate determinations in the two situations on whether there is a reasonable basis to believe that crimes within the jurisdiction of the Court have been or are being committed - the legal standard required for opening an investigation.
In the independent and impartial exercise of its mandate, the Office gave consideration to all submissions and views conveyed to it during the course of each preliminary examination. Guided by the requirements of the Rome Statute, it considered issues of jurisdiction, admissibility and the interests of justice in making its determinations.
Situation in Venezuela II
In the Situation in Venezuela II, the Office has determined that there is no reasonable basis to believe that crimes within the jurisdiction of the Court have been committed through the imposition of sanctions by the United States of America on Venezuela, since at least 2014. Accordingly, there is no reasonable basis to initiate an investigation into the Situation in Venezuela II. The Office's findings are summarised here.
Since 17 February 2020, the Office has been conducting a preliminary examination following a referral from the Government of Venezuela regarding alleged crimes against humanity committed on its territory due to "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".
The Government of Venezuela alleged that murder, extermination, deportation, persecution and other inhumane acts constituting crimes against humanity have been committed as a result of the application of US sanctions against Venezuela.
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 murder, displacement or other alleged crimes. However, the available information does 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 authorities of Venezuela and ICC Pre-Trial Chamber I have been notified of the decision. The Government of Venezuela may, within 90 days, request the Chamber to review the Office's decision not to proceed with an investigation.
The Office notes that the above decision pertains solely to the Situation in Venezuela II. The Office's separate ongoing investigation into the Situation in Venezuela I is progressing steadily, focusing on alleged crimes against humanity committed in Venezuela since at least 2014 and particularly in the context of detention. The decision is also unrelated to the January 2026 events in Venezuela.
