Appeals judges order ICC prosecutor to recuse himself from Venezuela investigation

Karim Khan, Prosecutor of the International Criminal Court looks up prior to a press conference in The Hague, Netherlands, July 3, 2023. (AP Photo/Peter Dejong)

THE HAGUE, Netherlands — Appeals judges at the International Criminal Court (ICC) on Friday ordered chief prosecutor Karim Khan to recuse himself from an investigation into Venezuela, citing a conflict of interest.

Khan’s sister-in-law, international criminal lawyer Venkateswari Alagendra, has been part of a team representing the government of Venezuelan President Nicolás Maduro and the five-judge appeals panel at the ICC says her involvement creates an issue of “bias” for the prosecutor.

The British barrister, who is currently on leave from the court, stepped down temporarily pending an investigation into allegations of sexual misconduct.

Alagendra and Khan worked together previously on cases, including as defense counsel for Kenyan President William Ruto and for Seif al-Islam Gadhafi, the son of the late Libyan dictator Moammar Gadhafi. Alagendra is the sister of Khan’s wife, human rights lawyer Shyamala Alagendra.

The Washington-based Arcadia Foundation, which focuses on human rights issues in Venezuela, filed a complaint with the court in 2024, asking for Khan to be removed from the case over a conflict of interest.

The court dismissed the initial complaint in February. In written filings, Khan told the court he could not “recall” any discussion with his sister-in-law about the facts of the case and did not attend any meetings where she was present.

The ICC has an ongoing investigation into violence that followed Venezuela’s 2017 election but has so far not sought any arrest warrants.

Khan announced in late 2021 that he was opening the investigation after a lengthy preliminary probe and an official referral — a request to investigate — in 2018 from Argentina, Canada, Colombia, Chile, Paraguay and Peru.

However, the full-scale investigation was put on hold when Venezuelan authorities said they wanted to take over the case. The ICC is a court of last resort that only takes on cases when national authorities are unwilling or unable to investigate, a system known as complementarity.

Khan pressed ahead with efforts to continue the court’s first investigation in Latin America. ICC judges agreed with Khan and authorized him to resume investigations in Venezuela in 2023.

Molly Quell, The Associated Press