30-09-2024
Lithuania refers the Situation in Belarus to the Prosecutor of the International Criminal Court to investigate the crimes against humanity committed by the authoritarian regime of Lukashenko
THE HAGUE, 30 SEPTEMBER 2024
Lithuania refers the Situation in Belarus to the Prosecutor of the International Criminal Court to investigate the crimes against humanity committed by the authoritarian regime of Lukashenko
- The Government of the Republic of Lithuania, pursuant to Articles 13(a) and 14 of the Rome Statute, on 30 September 2024, referred to the International Criminal Court (“ICC” or “Court”) the situation in the Republic of Belarus for investigation by the Office of the Prosecutor of the Court.
- In its referral, the Government of the Republic of Lithuania stated that there were reasonable grounds to believe that since 1 May 2020, and continuing, 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, and that part of the element of these crimes was committed on the territory of Lithuania, bringing such crimes temporally, territorially, and materially (by subject-matter) within the jurisdiction of the Court. It was also reasonable to believe that part of the elements of these crimes was committed, and continues to be committed, on the territory of other States Parties. The requirements for admissibility and the interests of justice were manifestly met.
- The rationale and basis for the referral is as follows. 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 labour; and enforced disappearance among several others. This campaign has been waged against the civilian population in Belarus, and specifically real or perceived political opponents. 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 neighbouring Lithuania, and other States Parties including those that neighbour Belarus, without grounds permitted under international law. Such displacement, which is known as deportation (as it is over a border), has occurred through various underlying acts/conduct noted above, including through expulsion or other coercive acts, or other linked crimes, and were perpetrated on political grounds.
- The deportation was a key goal of the Belarusian regime’s attack – to rid itself, by any means, of all critics and opponents in order to consolidate the regime’s authoritarian hold on power. All direct perpetrators, their commanders and superiors were clearly aware of the attack, and there are demonstrable links between the expulsions, threats and other key contributors to the coercive environment and the overall attack leading to unlawful deportation.
- Together these actions constitute crimes against humanity of three distinct types: (a) unlawful deportation, (b) persecution, and (c) other inhumane acts and possibly other linked crimes.
- Whilst the Republic of Belarus is not a State Party to the ICC, the Court may exercise its jurisdiction where at least part of the conduct takes place in the territory of a State Party – in this case, victims crossing into the territories of Lithuania, and other States Parties, as a result of expulsion or other coercive acts and/or other linked crimes. Lithuania, and other affected State Parties to the Court, has accepted the jurisdiction of the Court over all Rome Statute crimes taking place on their territory before the occurrence of the alleged crimes being referred.
- The Government’s referral is the first time a State Party has referred a situation in a Non- State Party under the jurisdictional basis which provides that so long as part of the unlawful conduct occurs on the territory of a State Party then the Court could have jurisdiction (established under the Myanmar/Bangladesh precedent, and in circumstances where the Prosecutor/Court was not already acting).
- As such, the Government of Lithuania has respectfully requested that the Office of the Prosecutor investigate all past, ongoing and future crimes within the Court's jurisdiction, as referred, and as committed in the territory of the Republic of Belarus, and partly on the territory of Lithuania, since at least 1 May 2020. The referral being made may be considered as relating to the “Situation in the Republic of Belarus.”
The special remarks session and press-conference on the issue will be held on 1st of October at 10 A.M. at the Embassy of the Republic of Lithuania in the Hague, Laan van Meerdervoort 20 ([email protected]). High officials of the Lithuanian Government and the Heads of the United Transitional Cabinet of Belarus will be present.
Official Quotes from Key Government Representatives
“The Government of Lithuania has taken the lead to be the first state to make a referral of the situation in Belarus before the International Criminal Court. It has done so because it can no longer sit idly by whilst crimes against humanity continue to be committed on a vast scale in Belarus, the neighbouring country; and whilst victims languish in exile; away from their homes, families and friends. The matter is of concern to the national security issues and international community at large; impunity can no longer continue, and justice must be done and seen to be done. Lithuania has taken the first step on behalf of victims, but we urge and ask others to join us in what is essential and necessary for justice to prevail”.
Minister of Justice of the Republic of Lithuania, Ms. Ewelina Dobrowolska
“Lithuania has been the first State to refer to the ICC concerning the situation in Ukraine, and eventually arrest warrant for Putin has been issued. Now, we make a move requesting the ICC to investigate situation in Belarus and we do expect arrest warrant for Lukashenko”.
Minister of Justice of the Republic of Lithuania, Ms. Ewelina Dobrowolska
“The catalogue and patterns of atrocity crimes being committed by the very top of the Belarusian regime, stemming from President Lukashenko downwards, has led to thousands of victims displaced all across Europe. Lithuania has provided some measure of safety and sanctity to the Belarusian people with whom we share close bonds. The true measure of safety and human dignity will only follow when Lukashenko and his henchman are held to account in a court of law under internationally accepted and binding rules and norms. He must face the full force of the law, and the Prosecutor of the International Criminal Court has everything before him to make this the case”.
Vice-Minister of Justice of the Republic of Lithuania, Ms. Gabija Grigaitė-Daugirdė
“Lithuania's commitments to democracy, the rule of law and peace are not only on the political agenda, but also in taking real legal actions against those who do not respect international law, do not comply with treaties or commit crimes. At the Ministry of Justice, we work to ensure that justice prevail; we are ready to activate any existing mechanism to establish accountability for crimes and breaches of international law”.
Head of Legal Representation at the Ministry of Justice of the Republic of Lithuania, Mr. Ričard Dzikovič
“The Lithuanian Government has presented to the Prosecutor of the International Criminal Court (ICC) a strong case establishing the criminal responsibility of the senior leadership of the Belarusian regime for crimes against humanity against the Belarusian people. These grave crimes are immense in scale, severity and seriousness and include unlawful deportation, persecution and other inhumane acts; all committed at the ultimate behest of President Lukashenko. The Prosecutor of the Court will launch an immediate investigation; and in due course, if the tests are met, will ask the judges for warrants of arrests. The request for justice - emanating from the from the victims themselves - must not go unanswered. The self-designated “last and only dictator in Europe”, may well indeed be its last, but the hope is he could also one day find himself accountable in The Hague”.
Aarif Abraham, Counsel to the Lithuanian Government before the ICC [Barrister at Doughty Street Chambers]
Individuals Available for Interview
- Vice-Minister of Justice of the Republic of Lithuania, Ms. Gabija Grigaitė-Daugirdė [email protected]
- Head of Legal Representation at the Ministry of Justice of the Republic of Lithuania, Mr. Ričard Dzikovič [email protected]
- Aarif Abraham, Counsel to the Lithuanian Government before the ICC [Barrister at Doughty Street Chambers] n.smith@doughtystreet.co.uk
Quotes from the United Transitional Cabinet of Belarus
“We call on the international community to join Lithuania's efforts in holding Lukashenka accountable. This is not just about Belarus - it is about justice for all who value democratic peace. No more impunity. The International Criminal Court offers a clear path forward. We urge you to exercise your rights under Article 14 of the Rome Statute and help bring an end to this reign of terror”.
Ms. Sviatlana Tsikhanouskaya, Head of the United Transitional Cabinet of Belarus
“The atmosphere of fear, terror, and persecution created by Lukashenka's regime has left deep scars on our people. Today, approximately 300,000 Belarusians have been forced to flee, with every thirtieth resident of Belarus now living in exile. But the regime did not stop there - Belarusians abroad continue to face persecution, as the dictator extends his policies beyond our borders, attacking us through intimidation, judicial harassment, and even criminal prosecution in absentia”.
Ms. Sviatlana Tsikhanouskaya, Head of the United Transitional Cabinet of Belarus
“Lukashenka's regime has created an awfully efficient machine for mass persecuting and repression of the population perceived as 'disloyal.' This is not just isolated incidents of persecution, but a full-fledged state policy. Legislation has been twisted to systematically discriminate against anyone deemed unfit by the dictator. Lukashenka's own words speak of 'cleaning society' from the so-called disloyal, dissidents, and what he refers to as 'sharp-hoofed.' Such open dehumanization of the population must not go unpunished.”
Ms. Sviatlana Tsikhanouskaya, Head of the United Transitional Cabinet of Belarus
“After Lukashenka's regime falls, Belarus will stand with the international community in upholding justice. The Rome Statute of the International Criminal Court will be the first treaty ratified by the new Belarus. This will symbolize our firm commitment to never again allow crimes of this magnitude to go unpunished.”
Ms. Sviatlana Tsikhanouskaya, Head of the United Transitional Cabinet of Belarus
“This is a historical day for international justice, the history of Belarus and the personal history of Lukashenko, or more precisely, the personal criminal case of the dictator, who will go down in history as an international criminal.”
Mr. Pavel Latushko, Deputy-Head of the United Transitional Cabinet of Belarus, Head of National Anti-Crisis Management
“Democracy in Belarus will win when accountability comes.”
Mr. Pavel Latushko, Deputy-Head of the United Transitional Cabinet of Belarus, Head of National Anti-Crisis Management
“After all, for the first time in history, the focus of the International Criminal Court will be on the context of large-scale international crimes in Belarus.”
Mr. Pavel Latushko, Deputy-Head of the United Transitional Cabinet of Belarus, Head of National Anti-Crisis Management
“Lukashenko's train to the Hague left today. Lukashenko is already on it. And he will reach his destination. Now way back for Lukashenko.
Mr. Pavel Latushko, Deputy-Head of the United Transitional Cabinet of Belarus, Head of National Anti-Crisis Management
FREQUENTLY ASKED QUESTIONS (FAQS)
What is the ICC and how does it work?
The International Criminal Court (“ICC” or “Court”) is the world’s only permanent international court with a mandate to investigate and prosecute genocide, crimes against humanity, and war crimes; “the most serious crimes of international concern”. These three sets of crimes have some overlapping characteristics. A criminal act, such as the murder of a group of people, could be characterized as genocide, a crime against humanity, a war crime, or all three. How a crime is characterised often depends on the intent of the offender and the context in which the crime took place.
The ICC is a court of last resort; this means it only acts where it is complementary to proceedings at the national level (if it is possible for them to take place) and the matter concerned is grave. The ICC only tends to act in respect of those most responsible for atrocity crimes. It has 124 members (known as, States Parties).
Whether after or during the commission of alleged atrocity crimes, the ICC can only exercise jurisdiction over such crimes in one of three ways:
• Where a State Party refers the crimes to the Court (State Party Referral);
• Where the UN Security Council refers the crimes to the Court (UN Security Council Referral); or
• Where the ICC Prosecutor initiates a preliminary examination into the crimes (Propio Motu Investigation).
More details can be found on the Court’s website here and on the ABA-ICC Project website here.
What is a State Party Referral and why is it relevant to the Situation in Belarus?
A State Party referral is when any country that has ratified the Rome Statute (making them a State Party) refers alleged atrocity crimes to the Prosecutor of the Court. The atrocities must have been committed:
• on the territory of the State Party that makes the referral or on the territory of another State Party; or
• by a national from the referring State Party or another State Party.
In terms of the Situation in the Republic of Belarus, the Government of the Republic of Lithuania has made a State Party Referral, asking the Prosecutor of the Court to initiate an immediate investigation into the alleged crimes against humanity of deportation, persecution and other inhuman acts being carried out by senior Belarussian leaders against the civilian population of Belarus. Civilians from Belarus have been forcible displaced into Lithuania and other States Parties as a result of Belarus’s crimes. As part of the element or conduct of these crimes has occurred in Lithuania, the Government was in a position to refer the matter.
What happens now that the referral has been made?
The State party referral by Lithuania will enable the Prosecutor to proceed straight to an investigation, without the need for judicial approval.
A case always begins with what is called a “preliminary examination” by the Prosecutor. Each preliminary examination has four phases of analysis: initial, jurisdictional, admissibility, and interest of justice assessments. The Prosecutor may move to a formal investigation if all four of these requirements are satisfied. The Prosecutor does not need the approval of the Pre-Trial Chamber (i.e. the Judges) if these criteria are met. In the case being referred by Lithuania, the Government has reasonable grounds to believe all of these aspects are satisfied. The Office of the Prosecutor, however, has to make its own independent judgment.
During the formal investigation, if the Office of the Prosecutor is independently satisfied that there are reasonable grounds to believe that one or more individuals are responsible for the crimes against humanity, as alleged, it can decide to ask the Pre-Trial Chamber [i.e. the Judges] to issue a summons or warrant of arrest against those most responsible.
Why has Lithuania made a referral? What can other States and civil society do?
As noted above, any State Party can make a referral. States Parties around the world are respectfully asked to consider following Lithuania in referring the Situation in Belarus to the Court because the conduct is occurring on the territories of one or more States Parties.
Lithuania has referred the matter, as the crimes against humanity being committed against civilians in Belarus is a grave matter of international concern, requiring a response from the international community at large. Many thousands of victims of the Belarussian regime are present in neighbouring countries, including Lithuania, and have been given sanctuary there and both they and their families remain at risk.
The matter is of the utmost urgency because the commission of crimes remains ongoing; the likelihood of irreparable harm to victims is very high; and the timely/contemporaneous documentation, and preservation of the evidence has to occur now in order to ensure future evidence and investigations can be conducted and so that perpetrators can be apprehended.
The Prosecutor can ask States Parties for further information, and civil society organisations can also make submissions to the Court for the Prosecutor to consider.
An investigation by the Prosecutor, and proceedings before the Court, would be necessary to avoid impunity for serious international crimes, committed by those bearing the greatest responsibility, within the jurisdiction of Court and also to act as a critical deterrent to the commission of furthercrimes.
The report of the International News Channel "Euronews" can be found here.
Last updated: 02-10-2024
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