Venezuelan lawyer questions validity of ICC withdrawal

Venezuelan lawyer and political prisoner Perkins Rocha has challenged the legal standing of Venezuela's withdrawal from the International Criminal Court (ICC). Rocha stated that the order to denounce the Rome Statute, which would remove Venezuela from the ICC, lacks legal basis and international viability.

Rocha argued that no government can use the renunciation of an international treaty to escape criminal accountability. He specifically questioned the legitimacy of the order issued by Delcy Rodríguez, citing a lack of legal standing and proper performance in her current role. He also pointed out that competent institutions have not addressed constitutional gaps or ratified appointments according to legal standards.

"I understand that Mrs. Delcy Rodríguez may have forgotten a substantial part of the law, given the many occupations that have opened up around her temporary role as interim administrator of a presidency that has completely absented itself; however, it is striking that she, who claims to be her Chancellor and therefore presumably has a bit more knowledge of Public International Law, is facilitating a request that is impossible to execute," Rocha stated.

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I understand that Mrs. Delcy Rodríguez may have forgotten a substantial part of the law, given the many occupations that have opened up around her temporary role as interim administrator of a presidency that has completely absented itself; however, it is striking that she, who claims to be her Chancellor and therefore presumably has a bit more knowledge of Public International Law, is facilitating a request that is impossible to execute.

He further emphasized that administrative acts by de facto authorities do not release the Venezuelan state from previously signed international commitments. Rocha cited Article 23 of the Constitution, which grants constitutional status to human rights agreements, and the principle of progressive realization, which prevents any regression in protecting citizens from serious crimes.

"It turns out that there is no legal, constitutional, or political loophole that allows or justifies in international law for a government (de facto like the present one, and even a legitimate one) to use the denunciation of a treaty to evade its responsibility for crimes against humanity or serious human rights violations such as those that have been denounced and are currently before the ICC against Nicolás Maduro and his circle," Rocha concluded. He affirmed that the ICC's investigations will continue independently of the executive branch's statements, as internal legislation obliges the state to guarantee effective and direct protection of its citizens' fundamental rights.

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It turns out that there is no legal, constitutional, or political loophole that allows or justifies in international law for a government (de facto like the present one, and even a legitimate one) to use the denunciation of a treaty to evade its responsibility for crimes against humanity or serious human rights violations such as those that have been denounced and are currently before the ICC against Nicolás Maduro and his circle.