International Criminal Court opens investigation into Situation in Belarus & Lithuania

On 12 March 2026, the Office of the Prosecutor (OTP) of the International Criminal Court (ICC or Court) opened a formal investigation with respect to alleged crimes within the jurisdiction of the Court committed in the Situation of the Republic of Belarus / Republic of Lithuania.

The OTP has found a reasonable basis to believe that crimes within the jurisdiction of the Court have been committed and has identified potential cases that would be admissible. These include crimes against humanity, such as deportation pursuant to article 7(1)(d) and persecution through deportation against an identifiable group or collectivity on political grounds pursuant to article 7(1)(h) of the Rome Statute (Statute). The alleged crimes have been committed by the Belarusian authorities against persons actively opposed to the Government or perceived as such and committed at least in part on the territory of Lithuania since 1 May 2020.

The formal investigation follows from a State Party referral, made by the Government of the Republic of Lithuania on 30 September 2024, pursuant to articles 13(a) and 14(1) of the Statute. The OPT began a preliminary examination following the referral. The findings of that examination formed the basis for a decision to open an investigation. 

In terms of next steps, article 54(1)(a) of the Statute requires the OPT to investigate incriminating and exculpatory circumstances equally in order to establish the truth. If the OTP considers that it has sufficient evidence to prove before the judges that an individual is responsible for a crime in the Court's jurisdiction, the Office will request the judges to issue a warrant of arrest or a summons to appear. 

ICC States Parties and Belarus, which is not a State Party, have been notified of the decision to open an investigation.

The Statement of the Office of the Prosecutor of the ICC is available here.

Aarif Abraham acts as Counsel for the Government of the Republic of Lithuania, instructed by the Ministry of Justice, and colleague, Head of Legal Representation, Mr Ričard Dzikovič.

For further information about Aarif, please contact our International Practice Manager Naomi Smith.