ICC to consider Belarus investigation after referral from Lithuania

ICC to consider Belarus investigation after referral from Lithuania

Karim Khan KC

The International Criminal Court’s chief prosecutor is to consider investigating Belarus for alleged crimes against humanity carried out against the country’s civilian population.

Belarus has not ratified the Rome Statute but has been referred by Lithuania, which 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 court”.

In particular, Lithuania accuses the Belarusian regime of deporting hundreds of thousands of Belarusian civilians to neighbouring countries in violation of international law.

This, it says, is part of a campaign waged by Belarusian authorities against civilians since mass protests sparked by the disputed re-election of Belarusian president Alexander Lukashenko in 2020.

Lithuanian justice minister Ewelina Dobrowolska said: “The government of Lithuania has taken the lead to be the first state to make a referral of the situation in Belarus before the International Criminal Court.

“It has done so because it can no longer sit idly by whilst crimes against humanity continue to be committed on a vast scale in Belarus, the neighbouring country, and whilst victims languish in exile – away from their homes, families and friends.

“The matter is of concern to the national security issues and international community at large; impunity can no longer continue, and justice must be done and seen to be done.

“Lithuania has taken the first step on behalf of victims, but we urge and ask others to join us in what is essential and necessary for justice to prevail.”

She added: “Lithuania was the first state to refer to the ICC concerning the situation in Ukraine, and eventually an arrest warrant for Putin was issued.

“Now, we make a move requesting the ICC to investigate the situation in Belarus – and we do expect an arrest warrant for Lukashenko.”

In a statement, ICC prosecutor Karim Khan KC said: “I can confirm that my office will conduct a preliminary examination to examine 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.”

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