The reasons that the Office of the Prosecutor of the International Criminal Court (ICC) has for installing a technical office in Venezuela are diverse, as are the reasons for the receiving State to accept, with more or less pleasure, the decision, after the high The court will decide to open an investigation in the country for the alleged commission of crimes against humanity.
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Here are some clues about the reasons for the installation of the ICC office:
1. The ICC commits: After the ICC ordered the opening of a formal investigation into Venezuela -a decision made public last November-, the prosecutor of the high court, Karim Khan, returned to the Caribbean country five months laterfulfilling the word given to President Nicolás Maduro and with the commitment to maintain permanent communication and constant exchange of information.
The promised contact requires closeness and mutual trust with palpable evidence. And there is no better show of faith in the opposite than to enter his house and live together without secrets or duplicities, as Khan proposed to Maduro, and which he, assuring that there is nothing to hide, accepted, just as the rest of the institutions did. and state officials.
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The installation of the office is one more step in compliance with the signed memorandum of understanding, which states that the parties must establish mechanisms to improve cooperation and facilitate the performance of the ICC in the territory to be investigated, whether the country’s authorities like it or not.
2. The State assumes the treatment: Despite the fact that the powers of the State consider that the intervention of the ICC is not necessary for justice to be done and human rights to be respected in Venezuela, as the Attorney General of Venezuela, Tarek William Saab, recently said, they unconditionally accepted the decision.
In this way, the institutions involved comply with the promise to adopt “all necessary measures” to ensure the “effective administration of justice”, in accordance with international standards, with the support and active commitment of the ICC Prosecutor’s Office, in a display of trust and openness.
Venezuela, in its efforts to show transparency, put all its cards on the table, at the disposal of Khan and the technical team that the ICC Prosecutor’s Office installs in Caracas, an opening that neither the opposition nor various civil organizations trust, and that they see as a trick of the State to make their counterparts believe in a justice that -they consider- does not exist.
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3. Maduro reaffirms his commitment: As head of state and government, Maduro, despite openly showing his disagreement with the opening of an investigation, as proof of his commitment to international justice, expressed his respect and made himself available to the Hague Court for what the prosecutor Khan deems necessary.
The president even said that cWith the opening of the ICC office in the country, it will be possible to have an “effective level of dialoguein real time, more efficient and a level of technical assistance that allows the November memorandum of understanding to run its course”.
In addition, he said that Venezuela is in a process of “profound reform” that he called “the revolution of justice”, to carry out all the necessary modifications”, thus insisting, once again, that the country’s institutions have nothing to hide , something that is considered by anti-Chavismo to be one more trick.
4. The role of the victims: The discordant note between the apparent cordiality is given by the NGOs that set themselves up as representatives of the victims of alleged abuses and crimes against humanity, who repeatedly showed their rejection of Khan’s distant attitude towards them, who demanded to be heard by the prosecutor of the high court, without his pleas having effect, at least for the moment.
Despite these requests, the international official did not publicly refer to them, and focused on offering technical assistance to state institutions to facilitate the transfer of knowledgeidentify different areas of work and guarantee the approval of laws and their execution.
But criminal and human rights lawyer Fernando Fernández explained to Efe that they must wait for the regulations that will govern the office to determine if there will also be a representation office for the victims, leaving open a possibility that Khan does not accept. referred.
5. Active complementarity principle: The principle of complementarity is a “sine qua non” condition that would not make sense if one of the parties did not accept it, since it is a star requirement of the Rome Statute for mutual cooperation between the parties, when the ICC decides to open a formal investigation to a country. The ICC prosecutor has made it clear that he will comply with this principle, which consists of collaboration and mutual cooperation, without international justice displacing national justice, which will have priority to investigate any irregularity in its territory.
Thus, The Hague Court must complement the national work, with absolute respect for the legal sovereignty of the country, and support in those points where the local media do not reach, a requirement that provides some peace of mind to the investigated states.
EFE
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