On 7 and 8 November 2023 from 9:00 to 15:00 (The Hague time), the Appeals Chamber of the International Criminal Court (ICC) will hold a hearing on the appeal of the Bolivarian Republic of Venezuela against Pre Trial Chamber I's decision authorising the resumption of the investigation in the situation. In addition to receiving written submissions in this appeal, the Appeals Chamber is convening a hearing to fully address the novel and complex issues that arise in this appeal.
At this hearing, the Office of the Prosecutor, the Representatives of the Bolivarian Republic of Venezuela and the Office of Public Counsel for Victims (OPCV) will be given an opportunity to address specific issues arising from their submissions and to respond to questions of the Appeals Chamber. No judgment is expected to be delivered at the hearing, it will be announced at a later stage.
The Appeals Chamber in this appeal is composed of Judge Marc Perrin de Brichambaut, Presiding, Judge Piotr Hofmański, Judge Luz del Carmen Ibáñez Carranza, Judge Solomy Balungi Bossa and Judge Gocha Lordkipanidze.
Directions on the conduct of the hearing
Background: Venezuela ratified the Rome Statute on 7 June 2000. On 27 September 2018, the Office of the Prosecutor received a referral from a group of States Parties to the Rome Statute, namely the Republic of Argentina, Canada, the Republic of Colombia, the Republic of Chile, the Republic of Paraguay, and the Republic of Peru, regarding the situation in the Venezuela since 12 February 2014. On 3 November 2021, the Prosecution announced its decision to proceed with investigations.
On 21 April 2022, the Prosecution notified Pre-Trial Chamber I that it had received a request from Venezuela to defer the Office's investigations in favour of the actions carried out by the national authorities of Venezuela, pursuant to article 18(2) of the Rome Statute.
On 1 November 2022, the Prosecution requested the Pre-Trial Chamber to resume the investigation in this Situation. On 27 June 2023, Pre-Trial Chamber I authorised the ICC Prosecution to resume its investigation in the situation in the Bolivarian Republic of Venezuela I, pursuant to article 18(2) of the Statute.
On 3 July 2023, Venezuela submitted its notice of appeal against the Pre-Trial Chamber's Article 18(2) Decision. On 14 August 2023, Venezuela filed its appeal brief.
On 21 July 2023, the Appeals Chamber granted a request of the OPCV and invited it to submit written observations on Venezuela's appeal brief in relation to the general interests of victims. On 24 August 2023, the Appeals Chamber granted, in part, the victims' requests, by allowing victims to make representations, with the assistance of their legal representatives if they so wish, and instructed the Victims Participation and Reparations Section to collect and transmit to the Appeals Chamber representations from any interested victim and victims group, with the assistance of their legal representatives if they so wish, and submit a report thereon.
On 13 September 2023, the Prosecutor filed his response to Venezuela's appeal brief, and the OPCV submitted its observations.
Attending the hearing:
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Members of the diplomatic corps, NGOs and other members of the public can request attendance via email to: [email protected] before Monday, 6 November 2023. Attendees must present a valid passport or valid ID with a photo at the main entrance of the Court (at: Oude Waalsdorperweg 10, 2597 AK The Hague).
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Journalists wishing to cover the hearing can request accreditation via email to: [email protected] before Monday, 6 November 2023. All journalists must present a valid press card, and a valid passport or valid ID with a photo, at the main entrance of the Court (at: Oude Waalsdorperweg 10, 2597 AK The Hague).
Individuals who have not received a confirmation in advance of the hearing will not be granted access to the building. Those attending are advised to arrive 20 minutes in advance before the hearing starts.
Spanish interpretation will be available for this hearing.
Webstreaming:
The hearing can be followed with a 30 minute-delay on the ICC website, in English, French and Spanish. (Courtroom 2).
Audio-visual materials:
Images of the hearing will be available for download in video (MPEG-4) and audio (MPEG-3) format, and for viewing on the official ICC YouTube Channel.
For further information on this situation, check here
