In the referral, Lithuania – under Articles 13(a) and 14 of the ICC Statute – states that since 1 May 2020, senior Belarusian political, law enforcement and military leaders (the ‘Belarusian Regime’) have committed crimes against humanity – including deportation, persecution and other inhumane acts against the civilian population of Belarus. It further argues 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 ICC.
– While Belarus is not a state party to the ICC, elements of the crimes occurred within neighbouring states’ territories, such as Lithuania, which are state parties. Belarus deported hundreds of thousands of Belarusian citizens to these states, said Berit Lindeman, Secretary General. «Lithuania is, therefore, right that the ICC has jurisdiction. This is similar to Myanmar’s persecution and deportation of hundreds of thousands of Rohingya to Bangladesh, which was deemed to be within ICC’s jurisdiction.”
The referral also states that the requirements in Article 17 of the ICC Statute for admissibility and the interests of justice are met. The referral is unique as it is the first brought by an ICC state party against a non-state party, based on the Myanmar-Bangladesh precedent.
Karim Khan, The ICC Prosecutor, has confirmed that a preliminary examination will be conducted “to determine, based on statutory requirements, if there is a reasonable basis to proceed with the opening of an investigation.»
– The Norwegian Helsinki Committee and partners already asked 2021 the ICC Prosecutor to initiate investigations of the crimes of the Lukashenko regime”, said Gunnar M. Ekeløve-Slydal, Deputy Secretary General. “It is important that Norway and like-minded states support the referral, as many did concerning Ukraine. Support by many states can speed up the ICC’s intervention.”
Lithuania was among the first States to refer the situation in Ukraine after Russia’s full-scale invasion to the ICC, leading to ICC arrest warrants for Putin, the Federal child commissioner and military leaders. allegedly responsible for war crimes. Lithuania’s new move, requesting the ICC to investigate the situation in Belarus, aims to ensure an arrest warrant for Lukashenko, according to Ewelina Dobrowolska, the Minister of Justice of Lithuania.
– The referral sends a strong message, said Lindeman. “We hope it will provide justice to hundreds of thousands of victims and help bring an end to such crimes.»