Lithuania refers Belarus to the International Criminal Court, alleging crimes against humanity

On 30 September 2024, the Government of the Republic of Lithuania, pursuant to Articles 13(a) and 14 of the Rome Statute, referred to the International Criminal Court (ICC) the situation in the Republic of Belarus, for investigation by the Office of the Prosecutor of the Court.

In its referral, the Government of the Republic of Lithuania stated that there were reasonable grounds to believe that since 1 May 2020, and continuing, crimes against humanity - including deportation, persecution and other inhumane acts - have been carried out against the civilian population of Belarus, at the behest of senior Belarusian political, law enforcement and military officials, and 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. These crimes were pursuant to a state policy to eliminate all opposition. It was also reasonable to believe that part of the elements of these crimes was committed, and continues to be committed, on the territory of other States Parties. It further stated that the requirements for admissibility and the interests of justice were manifestly met.

The Prosecutor of the ICC, on the same day, issued a statement confirming the receipt of the referral and that a preliminary examination had begun. 

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

Aarif Abraham acted as Counsel for the Government of the Republic of Lithuania, instructed by the Ministry of Justice, and colleagues, Vice Minister of Justice, Dr Gabija Grigaitė-Daugirdė and Head of Legal Representation, Ričard Dzikovič.

More information can be found in the Official Press Release from the Lithuanian Government, available here. There has been broad media coverage of the matter. 

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