Lithuania Requests The International Criminal Court To Investigate Crimes In Belarus
by Dr. Ewelina U. Ochab · ForbesOn September 30, 2024, the Government of Lithuania requested the International Criminal Court (ICC) to investigate alleged international crimes in Belarus. In its communication to the Office of the Prosecutor (OTP), the Government of Lithuania stated that there were reasonable grounds to believe that since May 1, 2020, crimes against humanity, including deportation, persecution and other inhumane acts, have been carried out against the civilian population of Belarus, at the behest of senior Belarusian political, law enforcement and military officials. The referral adds that part of these crimes was committed on the territory of Lithuania, and as such, is within the jurisdiction of the ICC.
As Belarus is not a party to the Rome Statute, and hence, the ICC does not have the territorial jurisdiction over the crimes allegedly perpetrated there, the referral advances the argument, earlier used in the case of Myanmar/Bangladesh, that part of the criminal conduct occurred within the territory of a state party to the Rome Statute. In the case of Myanmar/Bangladesh, the argument enabled the ICC to engage and investigate the atrocities. Here, the referral argues that part of the crimes take place in Lithuania, a party to the Rome Statute. The statement from the Lithuanian government indicates: “Since May 2020, President Lukashenko, together with the senior leaders of the government including the military, state security, law enforcement, judiciary and other agents of the Republic of Belarus (collectively, the Belarusian regime) have waged a campaign against the civilian population of Belarus which has included, the following underlying unlawful acts: serious deprivation of fundamental rights; arbitrary detention, prosecution, and conviction; serious unlawful violence; unlawful killings; sexual violence; physical and mental harm; torture, inhuman and degrading treatment; intimidation and harassment; forced labor; and enforced disappearance among several others. This campaign has been waged against the civilian population in Belarus, and specifically real or perceived political opponents.” It further added that the crimes meet the legal definition of crimes against humanity in Article 7 of the Rome Statute in that: “The conduct of the Belarusian regime amounts to a widespread and systematic attack on the civilian population, pursuant to a State policy to eliminate all opposition and dissent. As part of this attack, the regime has forcibly displaced hundreds of thousands of lawful residents of Belarus to the territories of neighboring Lithuania, and other States Parties including those that neighbor Belarus, without grounds permitted under international law.”
The Government of Lithuania explained that the deportations occurred through expulsion or other coercive acts, or other linked crimes, and were perpetrated on political grounds. It adds that the deportation was a key goal of the Belarusian regime’s attack, namely, to remove all critics and opponents in order to consolidate the regime’s authoritarian hold on power.
The Government of Lithuania requested the OTP “to investigate all past, ongoing and future crimes within the Court’s jurisdiction, including as referred, as committed in the territory of the Republic of Belarus, and partly on the territory of Lithuania, since at least May 1, 2020.”
In accordance with the Rome Statute, a State Party may refer to the OTP a situation in which one or more crimes within the jurisdiction of the Court appear to have been committed, requesting the OTP to investigate the situation for the purpose of determining whether one or more specific persons should be charged with the commission of such crimes. A State Party referral does not automatically lead to the opening of an investigation.
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On September 30, 2024, ICC Chief Prosecutor Karim A.A. Khan confirmed that the OTP will conduct a preliminary examination to examine the request within the limits of the ICC jurisdiction and to determine, based on statutory requirements, if there is a reasonable basis to proceed with the opening of an investigation.