ICC Office of the Prosecutor concludes preliminary examinations into Venezuela II and Lithuania/Belarus

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.

Situation in Lithuania/Belarus

In the Situation in Lithuania/Belarus, the Office has opened an investigation as it has concluded that there is a reasonable basis to believe that Rome Statute crimes were committed at least in part on the territory of the Republic of Lithuania. The Office's findings are summarised here.

Since 30 September 2024, the Office has been conducting a preliminary examination following a referral from Lithuania. Lithuania requested the Office to investigate alleged crimes against humanity committed in the Republic of Belarus, a non-State Party to the ICC, stating that part of the elements of the alleged crimes was committed on the territory of Lithuania, a State Party.

There is a reasonable basis to believe that the coercive acts leading to deportation constituted a course of conduct against actual or perceived opponents of the Government of Belarus, pursuant to or in furtherance of a State policy. The Office has concluded that the alleged crimes committed by the authorities were encouraged or approved by the highest levels of the Government.

There is also a reasonable basis to believe that these crimes were committed as part of a widespread and systematic attack against the civilian population, considering their large scale, the number of victims, and the organised nature of the acts.

The scope of the investigation covers transboundary crimes - any past and present allegations of crimes since 1 May 2020 in Belarus, where at least one element of the crime has been committed on the territory of Lithuania, in line with the parameters of the referral and the jurisdictional framework.

As such, the new investigation includes crimes against humanity, such as deportation, and persecution through deportation against any identifiable group or collectivity on political grounds allegedly committed by the Belarusian authorities. These alleged crimes were pursuant to article 7(1)(d) and article 7(1)(h) of the Rome Statute, respectively.

ICC States Parties have been notified of the decision, including the Republic of Lithuania.

The Office of the Prosecutor is mandated to investigate any crimes that may fall within its jurisdiction. Any interested person or entity who wishes to submit information to the Office on these or other alleged crimes committed under the ICC's jurisdiction may use OTPLink, a secure platform to receive such submissions.

Background information:

The Office of the Prosecutor (OTP) of the International Criminal Court conducts a preliminary examination to decide whether there is a reasonable basis to initiate an investigation. It should be noted that a preliminary examination is not an investigation, but a process to establish whether the statutory criteria to open an investigation have been met.

In doing so, the OTP is required to assess and verify a number of legal criteria. These include, among others: if the crimes were committed after 1 July 2002, the date of the entry into force of the Rome Statute, the Court's founding treaty; if the crimes took place in the territory of a State Party or were committed by a national of a State Party (unless the situation was referred by the UN Security Council); if they amount to war crimes, crimes against humanity, genocide or aggression; the gravity of these crimes; if there are no genuine investigations or prosecutions for the same crimes at the national level; and if opening an investigation would not serve the interests of justice and of the victims.

More information:

Office of the Prosecutor

Situation in Venezuela II

Situation in Lithuania/Belarus