Sviatlana Tsikhanouskaya’s Office has prepared answers to the frequently asked questions regarding Lithuania’s request to the International Criminal Court to launch investigations into the Lukashenka regime’s crimes. The investigation will cover crimes against humanity committed by the regime since 2020 and the consequences Belarusians have faced both inside and outside the country for four years now.
1. What does the referral to the ICC mean? Is it just another formal document?
A referral to the Prosecutor of the International Criminal Court (ICC) is an appeal by member states of the Rome Statute to investigate some of the most serious crimes committed in a given territory. If the ICC Prosecutor initiates proceedings on the situation outlined in the request, it could lead to international arrest warrants for Lukashenka and possibly other senior Belarusian officials.
2. What prompted this referral to the ICC?
The referral was prompted by the facts gathered by the democratic forces of Belarus and human rights organizations, which were later analyzed by Lithuanian government officials. The data show that Belarus is experiencing a widespread and systematic politically motivated attack on some of the civilian population. Furthermore, since 2022, special repressive legislation has been developed and applied to deprive this segment of the population of fundamental rights.
3. Are Lukashenka and his associates being accused of crimes against humanity?
Yes, crimes against humanity encompass various international criminal actions, such as deportation, persecution, and other inhumane acts committed against civilians on the orders of senior political, law enforcement, and military officials. Some elements of these crimes have been committed on Lithuanian territory, bringing them under the jurisdiction of the ICC.
4. “Forced displacement or deportation of Belarusians”? Really?!
In the practice of international criminal tribunals, deportation covers not only the forced relocation of people but also situations where citizens are forced to flee their homes due to an intentionally created climate of fear, terror, and persecution. Article 7 of the Rome Statute defines deportation in such cases as “forced displacement of the persons concerned by expulsion or other coercive acts from the area in which they are lawfully present, without grounds permitted under international law”.
5. Who initiated the referral to the International Criminal Court?
The Republic of Lithuania did, following a proposal from the democratic forces of Belarus, including the United Transitional Cabinet, the National Anti-Crisis Management (NAU), Sviatlana Tsikhanouskaya’s Office, the Viasna Human Rights Center, and other human rights organizations.
6. Why was the request initiated by us but submitted by Lithuania?
The rules allow the investigation to be initiated by the ICC Prosecutor, a state party to the Rome Statute, or civil society. The state initiating the request thoroughly analyzes the collected evidence of serious crimes. In the case of crimes against humanity, such as forced deportation, the crime begins in one country (in our case, Belarus) and ends in another (mainly Lithuania, Poland, and neighboring countries). In such circumstances, Lithuania’s actions are logical and consistent, as it is also affected by the gross human rights violations of the Lukashenka regime.
For comparison, we can recall the recent case of the deportation of the Rohingya population from Myanmar to Bangladesh. The court ruled that despite Myanmar not being a party to the Rome Statute, the crime could be investigated since the criminal actions partly occurred in Bangladesh, which is a member of the ICC.
7. What is the evidence presented to the court based on?
The evidence is based on testimonies from witnesses and victims of the alleged crimes against humanity, as well as documents and data from neighboring countries where Belarusians fled. Crimes have also been documented by numerous international mechanisms under organizations such as the OSCE and the UN.
8. How long have crimes against humanity been occurring in Belarus?
Crimes like forced deportation have been occurring for more than four years – since the start of mass peaceful protests.
9. What crimes have been documented over these years?
Torture, violence, enforced disappearances, arbitrary arrests, and killings. However, it is important to note that Belarus is not a party to the Rome Statute, so not all of these documented crimes can be investigated by the ICC. In this case, the focus is on crimes against humanity, including deportation, persecution, and other inhumane acts.
10. How has the Lukashenka regime persecuted Belarusians in exile?
Belarusians have been stripped of their rights, intimidated, and subjected to judicial repression. A notable example is sentencing in the so-called “special proceedings” without the guarantees provided by Article 14 of the International Covenant on Civil and Political Rights, as well as the arrest and subsequent confiscation of property of those forced to flee the country in fear of state terror.
11. Which countries have already supported the international investigation against Lukashenka?
Lithuania is the country that officially referred the situation to the International Criminal Court. We urge other countries to follow the example of the Republic of Lithuania and submit similar requests to the ICC.
12. What international legal mechanisms will be used to hold Lukashenka to account?
If a situation is initiated based on the referral, the ICC Prosecutor’s Office will begin an investigation. The prosecutor’s powers are broad and include interviews with witnesses and victims and various investigative actions. After an international arrest warrant, all countries that have ratified the Rome Statute will be asked to immediately detain and arrest Lukashenka and deliver him for justice.
13. What does Lithuania’s decision mean for Belarusians?
It gives hope for justice and the punishment of those responsible for persecuting hundreds of thousands of our citizens.
14. What does this case mean for Belarus?
It means that all those responsible for international crimes in Belarus will eventually be punished. It also lays the groundwork for the potential arrest and international trial of Lukashenka himself.
15. How can this process potentially change the political situation in Belarus?
If an international arrest warrant is issued for Lukashenka and his associates, they will be viewed by the civilized world on par with other dictators. This will significantly limit the regime’s opportunities in international relations.
16. How will the situation in Belarus change after the fall of the regime?
Belarus intends to ratify the Rome Statute and become part of the international legal community. This will allow the ICC to investigate both crimes related to forced deportation and other crimes, including enforced disappearances, torture, killings, and mass state terror.
