The United States has endorsed Venezuela’s decision to withdraw from the International Criminal Court, adding another element to Washington’s broader campaign against the tribunal. The United States itself has never been a member of the ICC, having unsigned the Rome Statute — the treaty that established the court — in 2002, and successive administrations have maintained legal measures to shield American personnel from its jurisdiction. The statement came as Nicolás Maduro’s separate federal criminal case continued to move ahead in New York, where a trial is scheduled for June 1, 2027.

In a July 25, 2026, post on X, the Department of State said: “The U.S. welcomes the decision by interim President Delcy Rodriguez and Venezuela to withdraw from the ICC and the new Venezuelan government's partnership on American-led efforts to dismantle the corrupt and worthless ICC. The so-called court has been "investigating" Nicolas…” — Department of State (@StateDept) July 25, 2026

The post was linked to a State Department statement on Venezuela’s withdrawal from the ICC: The X post appeared at: https://x.com/StateDept/status/2081139851597156361?ref_src=twsrc%5Etfw.

The State Department welcomed interim President Delcy Rodríguez’s decision and called on all member states to leave the Rome Statute. It accused the court of selective enforcement, political bias, and misuse of resources, while also criticizing the pace of the ICC’s Venezuela investigation.

Rome Statute Rules Leave the Venezuela Investigation in Place

Venezuela formally notified the United Nations on July 24 that it intended to withdraw from the International Criminal Court. Foreign Minister Félix Plasencia described the move as “irrevocable” and said the institution had unfairly focused its attention on Africa and Latin America. Venezuela would become the third country to leave the court, following Burundi, whose withdrawal took effect in 2017, and the Philippines, which exited in 2019.

Rodríguez also said the court had become politicized against Venezuela and its population. However, the legal effects of withdrawal do not begin immediately because Article 127 of the Rome Statute requires a one-year waiting period.

Under Article 127, a withdrawal takes effect one year after the UN secretary-general receives written notice. The provision also preserves obligations created before withdrawal and permits existing proceedings to continue.

As a result, Venezuela’s planned departure cannot automatically stop the ICC investigation already under way. The inquiry concerns alleged crimes against humanity connected to political unrest and demonstrations that began in April 2017.

After those events, the court opened a preliminary examination in February 2018. The review considered allegations involving security forces, civilian officials, and pro-government actors. Six member states later referred the situation to prosecutors, increasing pressure for a formal inquiry.

The ICC opened a full investigation in November 2021. Venezuela then asked for the case to be deferred to its domestic authorities, arguing that national institutions could independently examine the alleged misconduct.

Judges rejected that request and authorized prosecutors to resume their work in June 2023. The Appeals Chamber unanimously upheld that decision in March 2024, allowing the investigation to continue.

Prosecutors had previously found a reasonable basis to believe that unlawful imprisonment, torture, sexual violence, and political persecution may have occurred. Venezuelan authorities have denied the allegations and have maintained that the country’s own institutions are capable of addressing such claims.

Maduro’s New York Prosecution Is Separate

Although the State Department connected the ICC dispute to Maduro’s prosecution in New York, the two matters involve different allegations, jurisdictions, and legal frameworks.

The ICC investigation focuses on possible crimes against humanity allegedly committed inside Venezuela. The federal case in New York, by contrast, alleges that Maduro participated in a conspiracy to transport cocaine into the United States.

Maduro and his wife, Cilia Flores, have pleaded not guilty to the charges. Both defendants were seized by U.S. forces in Caracas during a January military operation and later transferred to New York.

A federal judge has scheduled their trial for June 1, 2027. Maduro’s lawyers plan to challenge the indictment on sovereign-immunity grounds and to dispute the legality of the operation that brought him into U.S. custody. Sovereign immunity, a doctrine that shields sitting heads of state from foreign prosecution, has rarely been tested in U.S. courts against a leader removed from power and transferred to American custody.

Venezuela’s withdrawal announcement also followed broader turmoil inside the ICC. Member states voted to dismiss prosecutor Karim Khan after sexual-misconduct allegations, which he has denied.

That controversy has added to criticism from Washington and Caracas, but it does not remove the court’s jurisdiction over alleged crimes committed while Venezuela remained bound by the Rome Statute. The ICC investigation therefore remains active despite Venezuela’s planned withdrawal.