By Washington, D.C., May 20, 2025 — In a decisive step to uphold the ethical foundations of international justice, Arcadia Foundation and its cofounder, Robert Carmona-Borjas, submitted on May 17, 2025 a supplementary filing before the Appeals Chamber of the International Criminal Court (ICC), urging immediate judicial action on the unresolved conflict of interest involving Prosecutor Karim A.A. Khan KC.
The submission, prompted by the Prosecutor’s recent announcement of a temporary withdrawal from office, warns that such procedural maneuvers—however calculated—do not erase the gravity of a breach already committed. The document underscores that the Prosecutor’s familial, professional, and hierarchical ties to legal counsel representing the Government of Venezuela constitute a direct violation of the impartiality required under the Rome Statute and Rule 34(1)(c) of the Court’s Rules of Procedure and Evidence.
“Neither a leave of absence, however strategic, nor a definitive resignation suffices to erase the consummated act of having violated the impartiality upon which justice rests,” the submission declares.
In its conclusion, the filing calls upon the Appeals Chamber to discharge its non-discretionary duty to rule on the merits of the conflict, irrespective of the Prosecutor’s administrative status. It emphasizes that the Court’s legitimacy cannot be protected by silence and that inaction would amount to institutional complicity.
The document was filed under dual standing: by Mr. Carmona-Borjas in his capacity as a Recognized Victim in the Venezuela I Situation (Reference r/21840/23), and on behalf of Arcadia Foundation (Reference VPRS-A-2023-092), an organization accredited by the Court as a representative of victims.
This latest submission reflects Arcadia’s unwavering commitment to the principles of transparency, accountability, and the rule of law within the framework of international criminal justice.
Download the full document here:
Urgent Submission Regarding the Impact of the Prosecutor’s Temporary Withdrawal on the Pending Ex Officio Review in the Venezuela I Situation by Robert Carmona-Borjas and Arcadia Foundation
