Belarus: ICC State Parties should join Lithuania’s referral to the ICC requesting an investigation into alleged crimes against humanity committed by Belarusian authorities

(shortened version)

OPEN LETTER

Calling on ICC State Parties to join Lithuania's referral to the ICC requesting an investigation into alleged crimes against humanity committed by Belarusian authorities

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.

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.

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.

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.

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.

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
11) World Organization Against Torture (OMCT)
12) REDRESS
13) The Human Rights Center Viasna

Read the full version of the Open Letter here.

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