The interplay between Venezuela and the International Criminal Court: the government’s unwillingness to collaborate and the role of Civil Society Organisations in bringing justice

The case of Venezuela has been relevant since 2015 when the political and humanitarian crisis began, owing to a variety of structural and circumstantial factors. These elements include, among others, a strong dependency on oil, weak institutions led by autocratic authorities, high debt, and hyperinflation. Not only has this multifaceted crisis impacted the overall situation in the country but it has also greatly affected society, causing millions to flee due to the instability, the poor living conditions and the fear of being persecuted. During this time, the CSO that emerged during the democratic period of the 20 th century, have suffered several challenges as they faced the consequences of the deteriorating authoritarian socialist regime. The State has opted to discredit the autonomous CSO, restrict their access to public and private resources, apply judicial and legislative measures, or even persecute, imprison or intimidate leaders with irregular armed groups. However, these organisations have remained leading the action to retaliate the government´s disinformation tactics and to advocate for the protection of the victims. This thesis will look at the Venezuelan case since it is particularly interesting in both the human rights and humanitarian fields. The role of civil society in documenting and defending the rights of the population and victims has been key and resilient, especially in terms of activating the response of international human rights protection bodies. As a result of this and the widespread reports of human rights abuses and allegations of crimes against humanity committed by the government, the ICC has been monitoring the situation in Venezuela. In 2018, after referral by a group of State Parties, the Court launched a preliminary investigation into the matter. This investigation led to a formal one in 2021, and an attempt to resume it in November 2022 after Venezuelan authorities had falsely committed to conduct their own examination. Recently, the ICC has allowed victims to present their cases and observations which signals the irresponsiveness of Maduro´s government and the Court’s interest in continuing the process. This thesis, therefore, aims to explore the ICC´s involvement in Venezuela, examining the legal and political implications of the Court´s actions and its efforts to hold accountable those responsible for the alleged crimes. Specifically, the thesis will analyse the role of CSO in influencing the ICC´s decision to launch the investigations, and its perseverance even when they are faced with limitations to their political rights and serious legal consequences. In sum, the research will analyse the timeline of the process through the lens of these three different fronts involved, their participation, response and attitudes towards the Court´s actions. Through a comprehensive analysis of the CSO activity in Venezuela, this thesis seeks to contribute to the ongoing discussion surrounding the Court´s role in promoting accountability for international crimes and addressing human rights violations worldwide.