The Republic of Lithuania formally referred the situation in Belarus to the International Criminal Court (ICC) on Sept. 30, citing alleged crimes against humanity perpetrated by the authoritarian regime of President Alexander Lukashenko.

The referral, submitted by Minister of Justice Ewelina Dobrowolska, invokes Articles 13(a) and 14 of the Rome Statute, establishing a legal basis for the ICC's jurisdiction over the grave violations reported since May 1, 2020. Lithuania asserts that there are reasonable grounds to believe that senior Belarusian political, law enforcement, and military officials have engaged in serious crimes, including deportation, persecution, and other inhumane acts against the civilian population. The referral emphasizes that some of these crimes have also occurred within Lithuanian territory, reinforcing the ICC's jurisdiction under the principle of territoriality, as delineated in the Rome Statute.

Under Article 13(a), the ICC is authorized to exercise its jurisdiction when a State Party refers a situation to the Prosecutor, thereby enabling the Court to investigate and prosecute core crimes outlined in Article 5. The provision highlights the necessity for an independent investigation into serious allegations of systematic abuses. Furthermore, Article 14 outlines the procedure for a State Party to request an investigation into crimes that appear to fall within the Court's jurisdiction. Lithuania's initiative not only seeks accountability for these alleged transgressions but also aims to galvanize the international community's response to the systemic repression faced by dissenters in Belarus.

Exiled head of the United Transitional Cabinet of Belarus, Sviatlana Tsikhanouskaya, underscored the severe conditions faced by the Belarusian people under Lukashenko's regime, noting:

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.

The referral marks a historic moment in the ICC's history as it is the first instance of a State Party referring a situation in a non-state party based on the jurisdictional principle established in the Myanmar/Bangladesh precedent, in which part of the unlawful conduct occurred on the territory of a State Party. 

Lithuanian Justice Minister Dobrowolska further emphasized the significance of the action to the ICC, stating:

Lithuania has been the first State to refer to the ICC concerning the situation in Ukraine, and eventually an arrest warrant for Putin has been issued. Now, we make a move requesting the ICC to investigate the situation in Belarus, and we do expect an arrest warrant for Lukashenko.

The ICC's Chief Prosecutor Office has confirmed the receipt of the referral and will conduct a preliminary examination to evaluate its admissibility and determine if there are sufficient grounds to initiate a full investigation.

From Jurist, Oct. 1. Used with permission.

See our last reports on charges of crimes against humanity in Belarus since the contested elections of 2020.