A prominent human rights lawyer has resigned his advisory role at the International Criminal Court (ICC), citing frustration over the court’s failure to prosecute members of Venezuelan President Nicolás Maduro’s government for alleged crimes against humanity.
Claudio Grossman, a Chilean-born attorney and former Inter-American Commission on Human Rights president, stepped down last month as a special adviser to ICC Prosecutor Karim Khan.
Grossman, who had held the unpaid position since November 2021, accused the court of failing to take decisive action against the Maduro regime despite ongoing abuses.
Grossman expressed ethical concerns over the lack of progress in a strongly worded email. “I can no longer justify the choice not to take correspondingly serious action against the perpetrators of the grave violations,” he wrote, rejecting an offer to renew his contract with Khan’s office.
The prosecutor’s office responded to Grossman’s resignation with gratitude for his contributions but declined to address the reasons for his departure. Grossman has not publicly commented.
Pressure on Khan to indict Maduro or senior officials has intensified as Venezuela remains engulfed in political and humanitarian turmoil.
Following a controversial election marred by allegations of fraud, Maduro is set to be sworn in for a third term on January 10. The post-election crackdown left at least 20 dead and more than 2,000 detained.
Critics, including opposition leaders Edmundo González and María Corina Machado, have accused the ICC of a double standard.
While the court has pursued high-profile cases against figures like Russian President Vladimir Putin and Israeli Prime Minister Benjamin Netanyahu, it has shown leniency toward Venezuela, they argue.
“There is no justification whatsoever for the inaction … This unjustifiable delay will cast legitimate doubts about the integrity of a system of accountability that has been an aspiration for the whole world.”
Other ICC advisers
The ICC opened its investigation into Venezuela’s alleged human rights violations three years ago at the request of several Latin American governments. The inquiry focuses on accusations of torture, unlawful imprisonment, and killings of anti-government protesters by security forces.
While promising to pursue accountability, the ICC also sought to collaborate with Venezuela’s government to encourage domestic investigations. However, Khan recently warned that patience is running thin.
“The ball is in Venezuela’s court,” Khan said in a speech earlier this month. “The track of complementarity is running out of road.”
Maduro’s administration dismissed Khan’s comments, claiming the prosecutor has been misled by “campaigns promoted by the extreme right, Zionism, and Western powers seeking to apply legal colonialism against Venezuela.”
Concerns Over Potential Conflicts Of Interest
Adding to the controversy are allegations of a conflict of interest involving Khan’s sister-in-law, Venkateswari Alagendra, a lawyer who has represented the Venezuelan government in ICC hearings. Critics argue her involvement undermines the court’s impartiality, although Khan has denied any impropriety.
In a filing earlier this month, Khan defended his independence, stating, “No fair-minded and informed observer would conclude that there is a real possibility of bias.” He added that he has never discussed the Venezuela case with Alagendra.
Still, the claims have further fueled skepticism among human rights advocates and victims of Maduro’s government, many of whom view the ICC as the last hope for justice.
As millions flee Venezuela’s worsening conditions, neighboring countries are bearing the brunt of the migration crisis. Regional governments are growing impatient with the ICC’s perceived inaction.
“Many in Latin America expect the ICC prosecutor to have a more muscular response,” said Juan Papier, deputy director for the Americas at Human Rights Watch. “Widespread impunity and lack of judicial independence in Venezuela make the ICC the most viable path for justice.”
Despite the challenges, Khan remains committed to the investigation, asserting that his office is actively pursuing evidence. However, for those awaiting justice, time is running out.
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