On the Referral of the Belarus Situation to the Office of the Prosecutor of the International Criminal Court

Abstract

This article outlines the legal and factual basis for the referral of the Belarusian situation to the International Criminal Court (ICC) by the Government of Lithuania under Article 14 of the Rome Statute. It focuses on two core international crimes: the mass deportation of Belarusian citizens and their extraterritorial persecution by Belarusian authorities. Since 2020, over 600,000 Belarusians have fled the country due to systematic repression, with many seeking asylum in EU member states. The document highlights the discriminatory nature of these acts, targeting individuals based on perceived political opposition, and details the widespread deprivation of fundamental rights.

The ICC’s jurisdiction is established through subject matter (crimes against humanity), territorial (crimes committed on the territory of Rome Statute States Parties), and temporal (post-Statute ratification) grounds. The admissibility of cases is supported by the absence of domestic investigations and the gravity of the crimes, which include torture, arbitrary detention, and persecution of exiles through trials in absentia.

The referral is justified by the ICC’s ability to overcome immunities that hinder national prosecutions, avoid legal fragmentation across jurisdictions, and enhance cooperation for arrest and extradition. The document draws on UN reports, EU asylum data, and legal precedents to argue that the ICC is the appropriate venue to investigate and prosecute those most responsible, including senior Belarusian officials. It concludes by encouraging further State referrals to strengthen international accountability and justice for victims of systemic repression.