The Republic of Lithuania has formally referred the situation in Belarus to the International Criminal Court (ICC), marking a significant step towards accountability for the alleged crimes against humanity under President Alexander Lukashenko’s regime. The referral, submitted by the Minister of Justice, Ewelina Dobrowolska, utilizes Articles 13(a) and 14 of the Rome Statute, establishing a legal framework for the ICC to exercise jurisdiction over the alleged violations occurring since May 1, 2020.
Lithuania’s referral highlights serious allegations against senior Belarusian political, law enforcement, and military officials, accusing them of crimes such as deportation and persecution. Additionally, the referral emphasizes the occurrence of some crimes within Lithuanian territory, reinforcing the ICC’s jurisdiction under the principle of territoriality detailed in the Rome Statute.
Head of the United Transitional Cabinet of Belarus, Sviatlana Tsikhanouskaya, underscored the harsh conditions faced by Belarusians under Lukashenko’s regime, with approximately 300,000 Belarusians forced to flee and ongoing persecution abroad. Tsikhanouskaya noted, “Belarusians abroad continue to face persecution, as the dictator extends his policies beyond our borders.”
The referral is notable as it represents the first instance of a State Party referring a situation in a non-state party based on the jurisdictional principle from the Myanmar/Bangladesh precedent. This principle allows the ICC to investigate unlawful conduct occurring, in part, on the territory of a State Party.
Lithuanian Minister of Justice Dobrowolska, who previously led the referral regarding the situation in Ukraine, expressed her hope that a similar outcome will be achieved for Belarus, indicating an expectation for an arrest warrant for Lukashenko. The ICC has confirmed receipt of the referral and will conduct a preliminary examination to determine if a full investigation is warranted.
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