Argentina’s Use of Universal Jurisdiction to Address Crimes Against Humanity in Venezuela

Universal jurisdiction has been invoked by Argentina in an effort to investigate the crimes committed by Venezuelan officials under the regime of President Nicolàs Maduro. This legal principle of universal jurisdiction allows national courts to prosecute individuals, regardless of the location of the crime and the nationality of the perpetrator or victim. This principle allows for prosecution when domestic judicial systems fail, as they have in Venezuela. 

Venezuelan authorities have committed a series of crimes, including but not limited to  arbitrary detention, extrajudicial executions, torture, and suppression of political oppostion. All of these crimes are in violation of international law and are therefore categorized as human rights violations. Carlos Stornelli, an Argentine prosecutor, opened an international investigation against 14 officers of the Bolivarian Armed Forces (FANB) over these crimes. Shortly after, in June of 2023, the Clooney Foundation, a human rights and legal advocacy foundation, filed a lawsuit in Argentina on behalf of two families.

This lawsuit formally accuses Venezuelan security forces of human rights violations. This has led to international attention, giving victims of these crimes a platform to be heard,and violated. Additionally the Clooney Foundation provided the Argentine government with extensive evidence and documentation that was previously unavailable, strengthening and enhancing the credibility of their case against Venezuela. 

Argentina’s Contributions to Global Accountability 

The resources of the International Criminal Court (ICC)—a global court for prosecuting war crimes—and the United Nations (UN) are limited due to the high-volume of cases and global conflicts they handle. Therefore, domestic courts play a crucial role in advancing a case. Argentina's prosecution under universal jurisdiction serves as a great tool in the international criminal justice system, placing pressure on the ICC to take a firmer stance on prosecuting crimes against humanity in Venezuela. 

Argentina’s application of the principle of universal jurisdiction, has established a significant legal and moral precedent, demonstrating the international community’s responsibility for holding accountable those who interfere with human rights on a global scale. Argentina’s commitment to this principle has been evident in cases involving countries such as Myanmar, Russia, Uygher, Saudi Arabia, Spain, Nicaragua, and more.

Challenges and Repression in Venezuela

The prosecution of high-ranking officials from another country comes with challenges for Argentina's judicial system. As of February 2024, human rights activist Rocio San Miguel was detained in Venezuela and has been accused of various alleged crimes, including conspiracy against the government and the spreading of false information. Additionally the main UN office responsible for maintaining and ensuring protection of human rights, Office of the United Nations High Commissioner for Human Rights (OHCHR), was removed from Venezuela which (again) draws attention to the government’s commitment to interfering with human rights by limiting international oversight and preventing independent investigation in the case of human right violations.

The 2024 election has secured Maduro his third-term, which presents a significant challenge for Argentina as the Venezuelan government actively seeks to hide evidence and intimidate those pursuing justice. With Maduro in power for a third term, the efforts of Argentina to hold accountable the officials who committed violations of human rights face growing resistance.

Escalating Tensions

On Monday September 23, Argentine Federal court ordered international arrest warrants to be brought against President Maduro and his Minister of the Interior and Justice, Diosado Cabello. In response, Venezuela's Supreme Court issued an arrest warrant for Argentina’s president, Javier Milei, citing alleged crimes related to the 2022 seizure of a Venezuelan cargo plane. The escalating tensions between Argentina and Venezuela has reached a zenith, with diplomatic relations between the two nations regressing and targeting leadership. 

Most importantly, the issuance of arrest warrants signals a complicated relationship between these countries that can affect the efforts of Argentina to address the crimes against humanity in Venezuela by increasing opposition. Additionally, it can discourage other nations from taking responsibility in pursuing justice for human rights cases, which could lead to nations looking away from regimes that violate international law, in order to avoid similar diplomatic tensions.

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