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The undersigned civil society organisations call on State Parties of the International Criminal Court (ICC) to support and join Lithuania’s referral, on 30 September 2024, to the Prosecutor of the ICC to investigate alleged crimes against humanity in Belarus.
The undersigned organisations, as applicable within their respective mandates, in particular the International Accountability Platform for Belarus (IAPB), will make available relevant evidence and information collected in support of preliminary examinations to the Office of the Prosecutor of the ICC, and to States willing to pursue a referral.
In addition, we call on States to consider and pursue all other available avenues of accountability for the serious international crimes reported to have been and continue to be committed in Belarus, and which are not subject to the present referral.
Background
It is widely acknowledged that Aliaksandr Lukashenko and his government have, since at least May 2020, waged a violent campaign against the civilian population of Belarus which has included serious human rights violations, notably arbitrary detention; politically motivated prosecutions; unfair trials; unlawful killings; sexual violence; torture and other cruel, inhuman or degrading treatment or punishment; intimidation and harassment; forced labour; and enforced disappearance.
The regime forcibly displaced hundreds of thousands of lawful residents of Belarus to neighbouring Lithuania and other State Parties, either by direct expulsion, or through the coercive circumstances outlined above. In its March 2024 report, the Office of the High Commissioner for Human Rights (OHCHR) estimated that “up to 300,000 individuals have been forced to leave Belarus since 2020 in what has been a concerted campaign of violence and repression intentionally directed at those opposing, or perceived to be opposing, the Government or expressing critical or independent voices”, referring also to a resolution of the European Parliament and a report of the Council of Europe Parliamentary Assembly.
Even in exile, those who were forced to leave Belarus face severe human rights violations: politically motivated criminal charges, trials and sentences in absentia, threats and intimidation, including against relatives remaining in Belarus, publicly disseminated hate speech, unlawful seizure and confiscation of property, and other forms of severe deprivation of fundamental rights.
Highlighting the widespread and systematic nature of a range of serious violations, the scale and patterns of the violations and the evidence of official policy, the OHCHR concluded that “there are sufficient indicia to warrant further assessment of the available evidence from the perspective of applicable international criminal law”.
According to information gathered by the IAPB, residents of Belarus have now been dispersed to over 25 ICC State Parties, as well as at least 10 other States that have not ratified the Rome Statute.
Lithuania’s referral and next steps
With its referral on 30 September 2024, the Lithuanian government requested the ICC to examine whether it has jurisdiction to investigate and prosecute alleged crimes against humanity, including deportation, persecution, and other inhumane acts, committed by Belarusian senior officials since 1 May 2020.
Under the Rome Statute, deportation or forcible transfer of population constitutes a crime against humanity when committed as part of a widespread or systematic attack against a civilian population. Deportation or forcible transfer is defined as the “forced displacement of the persons concerned by expulsion or other coercive acts from the area in which they are lawfully present, without grounds permitted under international law”. Persecution is defined as “the international and severe deprivation of fundamental rights contrary to international law by reason of the identity of the group or collectivity”, and “other inhumane acts” are those which are of a similar character to other enumerated crimes against humanity, and which intentionally cause great suffering, or serious injury to body or to mental or physical health.
As set out in the referral, there are reasonable grounds to believe that these acts amount to crimes against humanity, have been committed against the civilian population of Belarus by senior political, law enforcement, and military leaders, and amount to a “widespread and systematic attack on the civilian population, pursuant to a state policy to eliminate opposition and dissent”. Lithuania emphasized that the crimes referred to the ICC have not been investigated anywhere to date.
While the Republic of Belarus is not a State Party to the Rome Statute, the ICC may exercise its jurisdiction where at least part of the conduct takes place in the territory of a State Party, under the Myanmar/Bangladesh precedent.
Upon receipt of the referral, the ICC Prosecutor confirmed that his Office will conduct a preliminary examination to assess 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.
Joining the referral
The Government of Lithuania has taken the lead as the first State to refer the Belarusian situation to the ICC, which is an important step towards ending impunity. The referral will, however, be considerably strengthened by other States joining.
A group referral regarding the situation in Belarus will solidify the support for the request to investigate the alleged crimes committed by Belarusian authorities and show that other States are willing to provide the Court with relevant materials or information that could be crucial to the investigation, such as witness evidence. Previous group referrals regarding the situations in Ukraine (2022) and Venezuela (2018) sent a strong signal to the Prosecutor that these crimes could not be overlooked. By joining Lithuania’s referral, ICC State Parties will send a united message that the international community will not tolerate impunity for such crimes and that the Belarusian government must immediately cease violations of international law.
Finally, by joining the referral, ICC State Parties will send a strong signal to victims and survivors of human rights violations, many of whom face continued persecution, and it will demonstrate support for Belarusian human rights defenders who are currently imprisoned. Moreover, it will honour the efforts of Belarusian and international civil society organisations and human rights defenders in documenting the alleged crimes in Belarus, and express support for their investigation and prosecution in various forums.
As outlined above, many residents of Belarus have fled to the territories of other State Parties, like they did to Lithuania. In those cases, joining the referral will allow State Parties where witnesses are located to contribute to the preliminary examination by sharing existing evidence and information.
The ongoing need for national investigations and prosecutions
In addition to a possible investigation by the International Criminal Court, there remains a pressing need for continued efforts to combat impunity also through national investigations and prosecutions under the principles of universal jurisdiction to ensure that justice is served.
While the call to investigate these crimes at international level is crucial, evidence suggests that further international crimes, which are not part of the present referral, may have been committed by the Belarusian regime. These include the crimes of imprisonment or other severe deprivation of physical liberty in violation with the fundamental rules of international law, torture, sexual and gender-based violence and enforced disappearance. In addition to joining and supporting Lithuania’s referral, we call on all States to continue their national efforts in securing accountability in relation to these crimes.
The undersigned organisations, including the IAPB, reiterate their availability for support or dialogue in relation to any such investigations.
This open letter has been endorsed by the following organisations:
1) DIGNITY – Danish Institute Against Torture
2) European Center for Constitutional and Human Rights (ECCHR)
3) International Federation for Human Rights (FIDH)
4) Human Constanta
5) International Accountability Platform for Belarus (IAPB)
6) International Bar Association’s Human Rights Institute (IBAHRI)
7) International Committee for the Investigation of Torture in Belarus
8) International Partnership for Human Rights (IPHR)
9) International Rehabilitation Council for Torture Victims (IRCT)
10) Norwegian Helsinki Committee (NHC)
11) World Organization Against Torture (OMCT)
12) REDRESS
13) The Human Rights Center Viasna
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