Even Silence Has a Witness
The Whitewashing of Ethical Corruption at the International Criminal Court
Selected Public Record / Verified Chronology
2021
3 November 2021
ICC Prosecutor opens the Venezuela I investigation and concludes a Memorandum of Understanding with Venezuela: This is the formal opening of the Venezuela I investigation and the first major document in the sequence of structured engagement between the Office of the Prosecutor and the Venezuelan state. https://www.icc-cpi.int/news/icc-prosecutor-mr-karim-aa-khan-qc-opens-investigation-situation-venezuela-and-concludes
2023
27 June 2023
Pre-Trial Chamber I authorizes the resumption of the investigation: This is the decision by which the Court authorized the Prosecutor to resume the investigation in Venezuela I, rejecting Venezuela’s attempt to keep the matter deferred under complementarity. https://www.icc-cpi.int/news/situation-venezuela-icc-pre-trial-chamber-i-authorizes-resumption-investigation
7 November 2023
Appeals Chamber hearing in the Venezuela I Article 18 proceedings — Day One: This is one of the key public hearing records in which the conflict later described in your filings was already visible in plain institutional sight. https://www.icc-cpi.int/sites/default/files/Transcripts/0902ebd1806711d8.pdf
8 November 2023
Appeals Chamber hearing in the Venezuela I Article 18 proceedings — Day Two: This is the continuation of the hearing record that belongs at the center of the chronology because it forms part of the public institutional setting in which the later conflict question arose. https://www.icc-cpi.int/sites/default/files/Transcripts/0902ebd180692def.pdf
2024
1 March 2024
Appeals Chamber judgment upholding the resumption decision This is the judgment that confirmed the resumption of the investigation in Venezuela I and forms part of the legal background against which the later conflict issue must be understood. https://www.icc-cpi.int/sites/default/files/CourtRecords/0902ebd1807927f1.pdf
1 April 2024
OTP Policy on Complementarity and Cooperation: This policy is important because it gives formal doctrinal shape to the Prosecutor’s complementarity approach and belongs in the chronology as one of the documents that illuminate the broader prosecutorial method at issue. https://www.icc-cpi.int/sites/default/files/2024-04/2024-comp-policy-eng.pdf
24 April 2024
ICC Prosecutor concludes visit to Venezuela and opens country office in Caracas: This is one of the clearest official records of the institutional deepening of “positive complementarity” in Venezuela, including the establishment of an in-country presence. https://www.icc-cpi.int/news/icc-prosecutor-karim-aa-khan-kc-concludes-visit-venezuela-opens-country-office-caracas
6 September 2024
The Washington Post article that brought the conflict into broad public view: This is the media publication that publicly exposed the Khan–Alagendra family connection to a wider international audience and precipitated the formal filings that followed immediately afterward. https://www.washingtonpost.com/world/2024/09/06/maduro-survives-election-opposition-options/
8 September 2024
Request for Disqualification of the Prosecutor of the International Criminal Court in the Situation in Venezuela I on the Ground of Conflict of Interest: This is the foundational filing that formally placed Karim Khan’s conflict before the Court and forced the matter into the documentary record. https://www.icc-cpi.int/sites/default/files/RelatedRecords/0902ebd1809fd2e0.pdf
8 September 2024
Formal Complaint Regarding Conflict of Interest and Professional Misconduct: This is the parallel filing showing that the effort was not limited to Khan’s own position, but also sought disciplinary or investigative scrutiny regarding Venkateswari Alagendra’s role and conduct. https://www.icc-cpi.int/sites/default/files/RelatedRecords/0902ebd1809fb0e4.pdf
8 September 2024
Request for Recusal of the Prosecutor of the International Criminal Court in the Case of Venezuela I Due to Conflict of Interest: This is another public version of the recusal filing preserved in the ICC’s Related Records archive and should be included because it belongs to the same initiating cluster of documents. https://www.icc-cpi.int/sites/default/files/RelatedRecords/0902ebd1809fb0e3.pdf
8 September 2024
Urgent Call for Preventive Action Against Ongoing Crimes and Crimes Against Humanity in Venezuela: This filing shows that the September 2024 effort was not confined to recusal alone, but also linked the integrity problem to continuing crimes and the need for preventive institutional action. https://www.icc-cpi.int/sites/default/files/RelatedRecords/0902ebd1809fb0e2.pdf
8 September 2024
Statement by the OAS General Secretariat on press reports about the Office of the Prosecutor of the ICC: This is the public OAS statement, under code E-064/24, that opposed or minimized the appropriateness of recusal efforts by actors outside the already established proceedings. https://www.oas.org/en/media_center/press_release.asp?sCodigo=E-064/24
12 November 2024
Registry Transmission of the recusal request: This is the formal Registry transmission that brought the recusal issue squarely into the Court’s procedural record. https://www.icc-cpi.int/sites/default/files/CourtRecords/0902ebd1809fb0e1.pdf
14 November 2024
Decision of the Presiding Judge of the Appeals Chamber on the recusal request: This is the first judicial management decision in the recusal proceedings. https://www.icc-cpi.int/sites/default/files/CourtRecords/0902ebd1809fd877.pdf
15 November 2024
Order setting a deadline for the Prosecutor’s written submissions: This order fixed the timetable for Khan’s formal response. https://www.icc-cpi.int/sites/default/files/CourtRecords/0902ebd180a01af2.pdf
18 November 2024
Additional Clarifications on Document Submission and Procedural Concerns Related to Recusal Request and Ethical Review: This filing preserved further clarifications and procedural observations relating to the recusal request. https://www.icc-cpi.int/sites/default/files/CourtRecords/0902ebd180a0a014.pdf
18 November 2024
Court Management Section communication: This Related Records document belongs in the chronology because it forms part of the documentary trail showing how the filings were being handled internally. https://www.icc-cpi.int/sites/default/files/RelatedRecords/0902ebd180a0a016.pdf
18 November 2024
Clarification to the Honourable Judges of the Appeals Chamber: This is the companion clarification document addressed to the Appeals Chamber and should stand separately in the chronology. https://www.icc-cpi.int/sites/default/files/RelatedRecords/0902ebd180a0a015.pdf
29 November 2024
Public redacted version of the Prosecutor’s submissions on the recusal request: This is Khan’s formal written answer to the recusal request and one of the central documents in the procedural battle. https://www.icc-cpi.int/sites/default/files/CourtRecords/0902ebd180a22764.pdf
4 December 2024
Request for Leave to Reply to the Prosecutor’s Response in the Matter of Recusal Proceedings in the Venezuela I Situation: This filing sought leave to answer the Prosecutor’s written submissions. https://www.icc-cpi.int/sites/default/files/CourtRecords/0902ebd180a2cb7f.pdf
12 December 2024
Decision on Arcadia Foundation’s request for leave to reply: This is the ruling on the request to file a reply. https://www.icc-cpi.int/sites/default/files/CourtRecords/0902ebd180a3be63.pdf
12 December 2024
Public redacted version of the reply to the Prosecutor’s submissions: This Related Records document is important because it preserves the applicant-side reply in public form and should appear distinctly in the chronology. https://www.icc-cpi.int/sites/default/files/RelatedRecords/0902ebd180a2cb81.pdf
23 December 2024
Safeguarding the ICC’s Integrity – A Call for Accountability and Impartiality in the Venezuela I Situation: This filing pushed the matter beyond the first recusal round and framed the issue openly as one of institutional integrity. https://www.icc-cpi.int/sites/default/files/CourtRecords/0902ebd180a547a0.pdf
23 December 2024
Applicant-side public version of “Safeguarding the ICC’s Integrity”: This Related Records version should also be preserved in the chronology because it belongs to the applicant-side documentary trail. https://www.icc-cpi.int/sites/default/files/RelatedRecords/0902ebd180a547a1.pdf
30 December 2024
Prosecutor’s Request for Leave to Sur-reply: This is the Prosecutor’s application for leave to answer the 23 December filing. https://www.icc-cpi.int/sites/default/files/CourtRecords/0902ebd180a56ab9.pdf
2025
7 February 2025
Urgent Motion to Address Procedural Irregularities: This filing brought further procedural concerns back before the Court in formal documentary form. https://www.icc-cpi.int/sites/default/files/CourtRecords/0902ebd180aaff23.pdf
7 February 2025
Applicant-side public version of the urgent motion: This Related Records version should also be retained because it records the same procedural step from the applicant side of the archive. https://www.icc-cpi.int/sites/default/files/RelatedRecords/0902ebd180aaff25.pdf
10 February 2025
Appeals Chamber decision dismissing the recusal request on standing grounds: This is the decision in which the Chamber held that neither Robert Carmona-Borjas nor Arcadia Foundation had standing to request recusal because they were neither a person being investigated nor prosecuted. https://www.icc-cpi.int/sites/default/files/CourtRecords/0902ebd180ab003d.pdf
8 April 2025
Judicial Integrity in Peril – Request for the Appeals Chamber to Conduct an Ex Officio Review of the Prosecutor’s Conflict of Interest in the Venezuela I Situation: This is the filing that shifted the matter into the language of ex officio review and insisted that the Chamber itself had a duty to act. https://www.icc-cpi.int/sites/default/files/CourtRecords/0902ebd180b3805b.pdf
8 April 2025
Applicant-side public version of the ex officio review request: This Related Records version should stand separately because it is the public applicant-side record of the same decisive filing. https://www.icc-cpi.int/sites/default/files/RelatedRecords/0902ebd180b3805a.pdf
9 April 2025
Order on the filing of submissions: This is the order by which the Appeals Chamber invited written submissions on the ex officio request. https://www.icc-cpi.int/sites/default/files/CourtRecords/0902ebd180b3805e.pdf
15 April 2025
OPCV submissions on the ex officio review request: This filing is important because it clarified the Chamber’s inherent authority to act proprio motu to protect the integrity of the proceedings. https://www.icc-cpi.int/sites/default/files/CourtRecords/0902ebd180b44556.pdf
15 April 2025
Prosecutor’s submissions on the ex officio review request: This is Khan’s answer to the Chamber’s order on the merits of the ex officio request. https://www.icc-cpi.int/sites/default/files/CourtRecords/0902ebd180b44557.pdf
1 August 2025
Decision on the request for the Appeals Chamber to conduct an ex officio review of the Prosecutor’s conflict of interest in the Venezuela I Situation: This is the pivotal ruling in which the Appeals Chamber found reason to believe that a ground for disqualification existed and held that the Prosecutor was under a duty to seek excusal within three weeks. https://www.icc-cpi.int/sites/default/files/CourtRecords/0902ebd180c3e9e5.pdf
2 September 2025
Decision on the Prosecutor’s request to be excused from the Venezuela I Situation: This is the formal decision on Khan’s request to be excused after the 1 August ruling. https://www.icc-cpi.int/court-record/icc-02/18-125
2 September 2025
Victims Participation and Reparations Section acknowledgment of Robert Carmona-Borjas’s victim status and recognition of Arcadia Foundation as representative of victims in the Venezuela I Situation: This document should remain in the chronology because it is indispensable to understanding the later contradiction between recognized victim status and the denial of standing. https://www.icc-cpi.int/sites/default/files/RelatedRecords/0902ebd180a2cb82.pdf
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