On Dec. 2, 2020, the Organization of American States (OAS) Secretary General Luis Almagro and OAS Special Adviser on the Responsibility to Protect Jared Genser released a report that reaffirms that there is a reasonable basis to conclude the regime of President Nicolás Maduro has been committing crimes against humanity in Venezuela since Feb. 12, 2014 and condemned the Prosecutor of the International Criminal Court (ICC) for inaction in the face of these crimes. 

The new document notes that, since the publication of the original 2018 report, the crimes against humanity in Venezuela have increased in scale, scope and severity as the country faces a humanitarian crisis caused by unprecedented political and economic turmoil, along with food and medical shortages. Drawing on the work of the U.N. Independent Fact-Finding Mission on Venezuela, U.N. High Commissioner for Human Rights, NGOs, independent scholars and other credible sources, the new report paints a vivid portrait of a Venezuela wracked by state-sponsored violence and in the throes of a humanitarian disaster. 

Among other findings, the report identifies 18,093 extrajudicial executions carried out by state security forces since 2014, and that tens of millions of people have suffered or been subjected to serious injury due to the ongoing humanitarian crisis created by the regime. This includes reports, such as one by the United Nations, which found 7 million people in need and more than 100,000 children under the age of 5 affected by severe acute malnutrition. There have been outbreaks of measles, diphtheria and malaria, the highest in Latin America, with almost 1,000 reportedly dead because of a lack of anti-malaria medication. 

The report identifies enforced disappearances in 2018 and 2019, documented cases of torture since 2014, and that rape and sexual violence have been weaponized by the regime, including as a method of torture. 

The report highlights the failure of the Prosecutor of the ICC Fatou Bensouda (the prosecutor that has decided that there is a “Palestinian State” according to International Law and accused Israel of “war crimes”) to conduct her preliminary examination expeditiously and to open an investigation despite overwhelming evidence of crimes within the court’s jurisdiction. 

The OAS report recommends the prosecutor proceed as rapidly as possible to open an investigation into the situation in Venezuela and, in the meantime, has requested immediate, full and open access to Venezuela, issued a detailed public statement about the deteriorating situation in Venezuela, and highlighted the true scope and severity of the situation in Venezuela in the forthcoming “2020 Report on Preliminary Examination Activities.” Bensouda has never responded. 

The report also presents actions by the Maduro regime that have facilitated and prolonged Venezuela’s worsening humanitarian disaster. 

Government institutions, including the security forces and the Judiciary, have been used as weapons against citizens. For the people of Venezuela, the rule of law domestically no longer exists. For members of the regime, the State empowers them to operate with total impunity. The pursuit of international justice is the only recourse left. 

The secretary general of the Organization of American States, Luis Almagro, said “the Venezuelan regime has been allowed to operate with impunity. Every day of inaction from the international community increases the suffering of the Venezuela people. We call on the prosecutor of the International Criminal Court to take action and show the world that crimes against humanity will not go unpunished.” But Bensouda did not listen. 

Jared Genser, OAS special adviser on the responsibility to protect wrote: “It is therefore as inexplicable as it is shocking that after almost three years examining the situation, Prosecutor Fatou Bensouda has still failed to even open an investigation into the alleged crimes.” 

Bensouda began investigating the Venezuela case in February 2018 and, in the nearly three years since, has only completed two of four stages of her “preliminary examination.” Instead, contrary to her office’s stated goals of promoting prevention, deterrence and putting perpetrators on notice, she has failed to act, as she has repeatedly done in other cases. As a result, the regime has been emboldened to commit more crimes in the belief it can act with impunity. 

“Crimes Against Humanity” are defined in Article 7 of the Rome Statute, which established the International Criminal Court, as the crimes specified there on the condition that they were “committed as part of a widespread or systematic attack directed against a civilian population with knowledge of the attack.” 

Venezuela signed and ratified the Rome Statute and, as a result, the International Criminal Court has jurisdiction over any crimes committed in the territory of Venezuela or by Venezuelan nationals since July 1, 2002. 

Maduro and his proxies have felt that the inaction of the ICC and the world’s silence backed the regime to move forward in its alliance with Iran and the terrorists of Hezbollah. Most experts on Hezbollah in Latin America have concluded that it is primarily raising money, particularly in the tri-border area of Paraguay, Argentina and Brazil, through all sorts of illicit commercial activities—money that’s increasingly needed as Iran, as a result of sanctions and low oil prices, has less money available to subsidize its proxies worldwide. 

The fact that Hezbollah has freedom to operate in Venezuela makes it presumably easier for its operatives to travel around Latin America. Iranian friendships in Latin America, particularly in Caracas, have facilitated Hezbollah’s presence in the Western Hemisphere, as well as that of Iranian officials who coordinate Hezbollah operations. 

The Venezuelan regime is also a drug-trafficking organization. It not only harbors Colombian guerillas, but also meaningfully benefits from its role in the shipment of cocaine from South America abroad, including to the United States and Europe. In March 2020, the Justice Department indicted Maduro and other top-ranking officials for coordinating the transport of cocaine with Columbia’s FARC guerrillas. Two nephews of Maduro are in prison in the United States for their role in the export of cocaine. The Treasury Department has repeatedly designated senior officials—including Tarek El Aissami, the former vice president of Venezuela—as major drug dealers. 

The pandemic has not changed the starvation, malnutrition, poverty and the violation of human rights. On the contrary, things are worse, and the 5.4 million Venezuelans that have fled in recent years to the United States and mostly to Colombia, Brazil, Peru, Chile, Argentina and Uruguay are increasing dramatically. According to experts, by the end of 2021 the number of Venezuelan refugees will rise to more than 6 million, outnumbering Syrian refugees. 

On Feb. 22 the United Nations Human Rights Council (UNHRC) will start its forty-sixth regular session. Another round of shame will be the main input. Among the shameful behavior of the UNHRC, there will be another litany of alleged “resolutions” against Israel based in outrageous item 7. Venezuela today and for another year will be a member of the UNHRC. Venezuela will vote and speak against Israel, as other dictatorships like Cuba will do. Maduro will have the floor of the UNHRC. And Venezuela and the other dictatorships that are members of the UNHRC will again feel that the current hypocritical international system is protecting them. 
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History shows that impunity of dictators does not last forever. But meanwhile, millions of people keep suffering brutally and needlessly. It is the case of Venezuela, the dictatorship that enjoys the silence of the ICC Prosecutor and shameful UNHRC, which has no limits to hosting human rights abusers as full members.

​In the last days of June, the United Nations Human Rights Council (UNHRC) decided to discuss and vote on “issues linked to human rights violations”. However, the council did not say a word about violations to human dignity and human freedom in Venezuela, Zimbabwe, Pakistan, Somalia, Argelia, Turkey, Russia, China or Iraq.
 
The UNHRC passed very soft and useless resolutions on North Korea, Myanmar, Libya, Syria and Iran. These will be forgotten soon.
 
Ignoring the egregious human rights violations of countless other countries, the UNHRC devoted most of its attention to one single country: Israel. The council passed five resolutions on Israel; one on Friday, June 19, and four on Monday, June 22.
 
This situation is not new. Unfortunately, it will happen again in the short-, mid- and long-term. This council is not doing anything different than its predecessor, the Human Rights Commission. In fact, it is worse. It has among its members the worst human rights abusers in modern times, and the council gives those countries the power to condemn democracies.
 
Last June 19th, the council decided to discuss one resolution against Israel. Some years ago, the council’s resolution used to focus on settlements; some short time ago, the council added to it the boycott of products made by Palestinian workers in Israeli factories. The goal of the resolution is to punish Israeli factories, but what would really be doing (if their resolutions were not toothless) would be leaving thousands of Palestinians unemployed.
 
Who cares that Palestinians become unemployed if the council can score points with a shameful resolution that attacks Israel? Almost nobody cares. The Palestinian Authority does not care; they promote the resolution. The “international community”?. It would be great to know what the term really means. What about the council, the high commissioner? Worst. The council is following dangerous paths on Israeliphobia and the high commissioner – believe it or not - has agreed to make a list of Israeli businesses which should be boycotted.
 
The resolution (not binding) passed with less votes than the Palestinians hoped. But there was more: the council decided to ask the high commissioner to present a full report on Israeli settlements…in March 2021. At a time when nobody in the world has a real idea when the pandemic and its consequences may end, in times of world economic recession and world unemployment, we can be sure that the UNHRC will ask for a useless report in nine months’ time.
 
The resolution had 22 votes in favor (which is less than half of the 47 members of the body), 8 votes against and 17 abstentions.
 
The Latin American members of the council overwhelmingly voted to unjustly condemn Israel.
 Among the council’s 8 votes against the resolution, the only Latin American country included was Brazil.
 
The Bahamas and Uruguay abstained.
 
Argentina, Chile, Mexico, Peru and Venezuela voted for the resolution.
 
What are Argentina, Chile, Mexico and Peru thinking when they vote with undemocratic human rights violators like Qatar, Somalia, Eritrea, Sudan and, of course, Venezuela? That they are helping to achieve peace? That they are delivering a message of sanity to the Middle East? That they are really supporting and helping the Palestinian people? How is it possible that they do not see that pushing for boycotting Israeli products made by Palestinian workers is exactly the opposite of working towards peace?
 
Israeli Ambassador Aviva Raz Schechter was very clear: “This Council has an item which has been exclusively designed to condemn one state. Item 7 is a systematic mechanism of discrimination against Israel which is a feeling that is deeply rooted in the culture of this Council and several of its members. Let´s call Item 7 by its real name: it is the item of institutionalized antisemitism.”
 
Not one Latin American country answered the Israeli ambassador. Australia and the Czech Republic loudly and clearly rejected Item 7and the litany of votes against Israel.
 
Venezuela is ruled by a dictatorship which allies itself with Iran, violates human rights and has created a health turmoil in the region. We can expect nothing from such a regime, especially because it is also institutionally anti-Semitic. However, it is unacceptable that democracies join dictatorships and human rights abusers to single out Israel.
 
But it happens all the time in the U.N. agencies. It is time for those democracies to decide on which side of history they want to stand, because they can´t be in two places at the same time. If they keep standing together with Venezuela, Qatar, Somalia and others, it will be very difficult to see what differentiates these democracies from noted human rights violators.

​More than 100 countries are celebrating that the U.N. General Assembly voted for dictatorships to become members of the Human Rights Council (HRC) in the next two years. Democracies have been defeated again, and from now on, Venezuela, Mauritania and Sudan will join more dictatorships in the shameful HRC. All three countries are serial violators of human rights. Slavery is still alive in Mauritania. Sudan is experiencing a reign of terror. Both will judge human rights.
 
Though outrageous, it is unsurprising that Venezuela has secured a seat in the HRC. It will be an excellent shelter for Maduro to hide the ongoing violation of all human rights in Venezuela. Venezuela got its seat through lobbying by Russia and Cuba and the global support of the Non-Aligned countries - a very peculiar name these days, when at the end of the day they are only aligned to dictators.
 
Less than a month ago, the high commissioner for human rights, former Chilean President Michele Bachelet, denounced more than seven thousand killings in Venezuela and an ongoing violation of human rights against civilians. It looks like a contradiction that a month later, Venezuela is seated in the HRC.
 
Well, it is not. Hypocrisy usually is associated with these political movements. The high commissioner told the truth: Venezuela is a dictatorship that violates human rights. On the other hand, seats in U.N. agencies are the result of negotiations and bargaining. And Venezuela will be a safe vote for those powers that backed its seating in the HRC.
 
The high commissioner has asked for an investigation on the ground in Venezuela into killings, illegal imprisonments and hunger. Maduro insulted Mrs. Bachelet by not accepting any U.N. mission and now, a month after the request, he has received total impunity with Venezuela’s membership in the HRC.
 
The political alliances made by Venezuela in the last 20 years with Iran, Russia and the Arab League have brought these results: Venezuela is a dictatorship and there is no international system able to stop it. Venezuela’s alliances create a clear and present danger across Latin America; Hezbollah has free access to everywhere in the region that allows entry to Venezuelan passports. Argentina and Paraguay have established that Hezbollah is a terrorist organization, but no other country has yet dared to follow them. And when we watch hesitation from the vast majority of Latin American countries to condemn terrorism clearly, the danger becomes greater.
 
Social unrest is advancing these days in several South American countries. Chile is experiencing ongoing protests with thousands of people rallying in the streets. There has been destruction of public buildings and the Santiago metro. The unrest is not being calmed down either by the government or by the other political parties, and the future is uncertain. Bolivia has had elections, but the opposition does not accept the results and there is violence in the streets. Venezuela always supports unrest in other Latin American countries. Its government has publicly celebrated violence in the streets, no matter which country is going through that violence.
 
Each country has its own problems, and there is no doubt that many Latin American countries have a lot of unrest. The Venezuelan dictatorship always claims that it will not accept interference and that Venezuela will solve its problems. But Maduro and his ministers want to intervene in other countries. If any country and its government are weak enough to succumb to any sort of intervention, Iranian influence and the threat Hezbollah poses will spread more and more.
  
Latin American countries will be able to keep democracy in the countries where there are still serious democracies if the international community reacts and stops forgetting what is happening on a continent of 600 million people. If indifference prevails, as is happening now, regimes like the Venezuelan or Cuban governments will be replicated. And if this happens, it will be too late to go back.

​The dynamics at the U.N. Human Rights Council (UNHRC) slowly started changing in a slightly more positive direction at the recently concluded session. It should be clarified at the beginning of this post, though, that the changes are relatively minor in the broad scheme of things, and—at most—merely the beginning of a wholly necessary (and long-overdue) process to transform the council from an anti-Israel forum to a body seriously concerned about universal human rights.
 
The shift in the council is due in part to more countries that are friendly to Israel joining the UNHRC as members in recent years, including Australia, Togo, Hungary, Bulgaria and the Czech Republic. Australia, it should be pointed out, was the only country to courageously vote against all the anti-Israel resolutions in this session, as they have since they joined the council. The United Kingdom has been threatening for the past few sessions to vote against resolutions falling under Agenda Item 7—the agenda item that singles out Israel for criticism at each council session while all other countries are examined under a different agenda item. This session, the U.K. went through with its threat, followed by another EU member state: Denmark. Denmark’s decision was a bit of a surprise, as the Scandinavian country is not normally seen to be in the staunchly pro-Israel camp within the EU.
 
The U.K. and Denmark did not vote against a resolution on “ensuring accountability,” only abstaining from the vote when the Palestinians, perhaps sensing that the tide was starting to turn on this particular resolution, moved the resolution to a different agenda item.  This resolution endorsed the report of the council’s biased “Commission of Inquiry” into the rioting along the Gaza border last year. The conclusions in the report largely ignored Hamas instrumentalizing the “protests” as a cover for attacks against Israel, despite the fact that Hamas openly bragged that this was exactly what they were doing. The commission also deposited with the Office of the High Commissioner for Human Rights (OHCHR) a secret dossier with a list of Israelis that the commission believes could be threatened with prosecution by the International Criminal Court (which also is looking into the justified Israeli response to the violent riots). The resolution passed, but only with 23 votes in favor, meaning that more countries either voted against, abstained or did not vote than voted in favor.
 
Spain’s vote in favor of this resolution was especially outrageous. It was the only European country to do so. Even Iceland, which I would normally not include in a list of close friends of Israel, criticized the resolution and abstained. On the other hand, Brazil is to be commended for changing its voting pattern under the new administration and voting against both this shameful resolution and an absurd resolution on the Golan Heights.
 
The voting on the “ensuring accountability” resolution shows the limits of the change at the council, however. The U.K. and Denmark only promised to vote against Item 7 resolutions, and when it was moved to a different item, they abstained (despite the fact that other EU states did vote against it).
 
Item 7 is perhaps the most glaring example of bigotry in the entire U.N. system, but it is not the only issue. The resolutions, with their instructions to OHCHR to operate against Israel, are a major problem, and merely shifting resolutions to another agenda item means that the UNHRC is still continuing its anti-Israel modus operandi, just under a different guise. If the council were to eliminate Item 7 (which, in and of itself, might be a very difficult task), but keep the overall action the same, the result will not be a greatly improved UNHRC.
 
Similarly, there were complaints at the council that the number of anti-Israel resolutions was too high and that they need to be streamlined. The excessive number of resolutions and reports on Israel is another glaring deficiency at the council, but simply wrapping all of them into one or two resolutions is not a meaningful change. It’s just a cosmetic change to make it appear that the council is functioning better, when in fact the anti-Semitism at the heart of the matter has not actually changed. 

During the recent U.N. Human Rights Council (UNHRC) session, the new American administration announced that they were re-evaluating U.S. participation on the council. As the administration decides on the course of action that the U.S. takes at the council, this is a good time to review the most pressing problems that still need to be addressed if there is going to be a serious reform of the UNHRC.

Agenda “Item 7”

Agenda “Item 7” is perhaps the clearest evidence of the anti-Semitism that is endemic within many parts of the U.N. system. “Item 7” is a permanent agenda item on the UNHRC schedule that is reserved only for the criticism of Israel; all other U.N. member states are examined under the “Item 4” of the agenda. This item ensures that Israel will be brought up for discussion at each and every council regular session in perpetuity. It is indicative of the obsessive singling-out of Israel that is a major defect built into the UNHRC from its inception. It also encompasses many of the other problems, as they are all housed under its umbrella (many of these problems, however, would still exist even without “Item 7”). “Item 7” is also hard to get rid of because it requires approval of the U.N. General Assembly, a body where anti-Israel voting blocs are also entrenched.

When Israel agreed to resume cooperation with the UNHRC and the U.N.’s Office of the High Commissioner for Human Rights (OHCHR), European countries reportedly agreed to stop speaking during “Item 7” in order to point out the illegitimacy of an agenda item singling out one country. Since then, European adherence to this deal has been spotty. The first relatively small step to reform of the council must be the EU more consistently and steadfastly adhering to its commitments to refrain from legitimating “Item 7.” 

OHCHR Blacklist

OHCHR has had a highly strained relationship with Israel over the years, partly due to mandates forced upon OHCHR from the UNHRC (OHCHR acts as UNHRC’s secretariat), but also due to biased statements, press releases and reports from OHCHR itself.

By far the largest issue that will need to soon be addressed with OHCHR will be the creation of an UNHRC-mandated database of companies doing business in Israeli settlements. The UNHRC passed a resolution last March requiring OHCHR to compile a database of companies—likely to be made up of Israeli companies as well as international companies whose products helping bring security to Israeli communities on both sides of the Green Line. The database could then become a blacklist that anti-Semitic Boycott, Divestment and Sanctions (BDS) activists will draw from to wage campaigns. This discriminatory action must be stopped. OHCHR has sought (and received) approval from the UNHRC to delay implementation of the database, perhaps understanding the fraught nature of the task. But delaying bigotry is still bigotry, and the delay will not be forever. Only the council can reverse this by passing a resolution, which, given the council dynamics, could be a steep climb.

Special Rapporteur

The UNHRC has a number of special rapporteurs that investigate either specific countries or more general human rights themes (such as the right to freedom of religion or belief). The special rapporteur on Israel is unique in that the mandate can go on forever, whereas all other mandates must be renewed every two years. The special rapporteur can also only investigate one side of this conflict situation—Israel, the lone vibrant democracy in the Middle East, but not Palestinian offenses (such as terrorism, incitement, or repression of those under Palestinian Authority or Hamas rule). 

Since the conclusions are reached in advance, the council prefers to pick anti-Israel professors to report on an inherently biased mandate. The current office holder, Michael Lynk of Canada, is no exception to this rule. His predecessor, Richard Falk, was the co-author behind an outrageous report of the United Nations Economic and Social Commission for Western Asia (ESCWA) that accused Israel of imposing an “apartheid regime” on the Palestinians. That report—an anti-Semitic smear commissioned by a U.N. agency—was rightly taken down by the U.N. Secretary-General and the head of ESCWA resigned. Lynk and Falk are veteran anti-Israel partisans whose reports the council knew would be a reliable attack on Israel. 

Resolutions

In the earlier days of the council, Israel was targeted almost exclusively for condemnatory resolutions. In the past few years, the number of other country-specific resolutions has grown, so the imbalance is not as patently ridiculous as before (although many of these country-specific resolutions are not as critical as the anti-Israel resolutions, which never miss a chance to condemn Israel). 

Still, at the last session, five anti-Israel resolutions passed with only the U.S. and Togo voting against all of them. Four were on issues relating to the Palestinian-Israel conflict; one was an absurd resolution on the Golan Heights (especially in light of what is happening next door in Syria). For other countries, all issues are rolled into one resolution, but for Israel each issue needs a detailed and harsh resolution with follow-up mechanisms that further clog the council’s and OHCHR’s time.

This list is not meant to be exhaustive; indeed, there are many other problems that contribute to the malaise at the council. Solving the above issues, as tough as they each may be, will not put an end to the anti-Israel hostility at the UNHRC, but they are the most important steps to reforming the UNHRC and OHCHR so that they can finally begin to live up to their promise—to be non-selective, universal human rights bodies.