Venezuela: Human Rights Organizations Call on the Argentine Justice System to Reject the Use of Immunities to Block the Investigation of Crimes Against Humanity

• Seven human rights organizations filed an amicus curiae brief with Argentina’s Federal Criminal Cassation Court in a case investigating alleged crimes against humanity committed in Venezuela. 
• The brief argues that the military ranks held by the officials involved do not confer personal immunity upon them, and that functional immunity does not apply to international crimes such as genocide, crimes against humanity, and war crimes. 

October 9, 2026. A coalition of seven human rights organizations filed an amicus curiae brief with Argentina’s Federal Criminal Cassation Court as part of criminal proceedings concerning alleged crimes against humanity committed in Venezuela. The submission is based on the premise that the immunities of foreign state officials may be used to obstruct the investigation and prosecution of these crimes. 

The brief was filed by REDRESS, Legal Action Worldwide (LAW), Partners in Justice International, the Center for Justice and International Law (CEJIL), the Due Process Foundation (DPLF), Alerta Venezuela, and the International Federation for Human Rights (FIDH). 

The presentation took place following a hearing held on October 7 before Argentina’s Federal Criminal Cassation Court, which addressed the scope of immunity for foreign officials accused a of crimes against humanity committed in Venezuela. The issue has implications extending beyond this case, as it raises fundamental questions regarding the ability of national courts to exercise jurisdiction to investigate and prosecute international crimes, particularly under the principle of universal jurisdiction.  

The organizations maintain that the military positions held by the officials in question do not confer personal immunity, given that such protection is recognized only for a limited category of high-ranking officials while in office: heads of state, heads of government, and foreign ministers. 

Consequently, any claim of immunity linked to acts performed in the exercise of official functions must be analyzed under the rules governing functional immunity. The amicus curiae highlights the existence of increasingly consolidated state practice and national case law supporting the inapplicability of this immunity to international crimes, including genocide, crimes against humanity, and war crimes. 

Courts in France, Germany, the Netherlands, Poland, Spain, Sweden, and other jurisdictions have investigated, prosecuted, or convicted foreign officials for international crimes. In July 2025, France’s highest court concluded that there was significant state practice supporting the exclusion of functional immunity in cases involving these crimes. 

Argentina has a significant opportunity to reaffirm that immunities must not become mechanisms of impunity for crimes against humanity. In accordance with its international obligations, the Argentine State must ensure the investigation of serious international crimes, as well as victims’ access to justice and effective remedies. Even if a specific immunity were applicable to a particular person or act, this should not prevent investigations into the alleged crimes from proceeding. 

Argentina has played a significant role in the fight against impunity through the exercise of universal jurisdiction. In February 2025, an Argentine judge issued arrest warrants for more than twenty military and civilian officials from Myanmar for alleged acts of genocide and other international crimes committed against the Rohingya population, in a case filed by LAW on behalf of the victims. 

Through this submission, the organizations urge the competent Argentine judicial authorities to conclude that neither personal immunity nor functional immunity, under the circumstances of this case, precludes the continuation of criminal proceedings. Such a decision could help consolidate universal jurisdiction as a fundamental tool for ensuring accountability for the gravest international crimes and for upholding victims’ right to justice.