Belarus in the Dock
Lithuania’s Referral to the International Criminal Court
Lithuania submitted a referral to the International Criminal Court (ICC) on September 30, requesting an investigation into Belarus over possible crimes against humanity targeting Belarusian civilians “at the behest of senior political, law enforcement, and military leaders”. The ICC will now conduct a preliminary examination, which may lead to an investigation and, potentially, criminal charges.
The Legal Basis for the Referral
While Belarus is not a state party to the ICC, Lithuania is, and according to its referral, there are “reasonable grounds to believe” that crimes against humanity such as deportation, persecution, and other inhumane acts were committed partly on its own territory, putting them within the ICC’s jurisdiction. This is the first time an ICC state party has referred a non-ICC state party to the court over conduct occurring on its territory.
The Challenges Ahead
The ICC and its state parties may have lacked the necessary resources or information to pursue an investigation into these activities, or they may simply have lacked the will, especially given the diplomatic fallout that inevitably accompanies a referral. However, Lithuania does not have the luxury of ignoring the situation in Belarus. Some 3.2 million Belarusian civilians, more than Lithuania’s entire population, have entered the country in recent years, largely during the period of repression surrounding the 2020 election, and more than 60,000, fearing for their personal safety, are settling there for the long term.
The ICC’s Capacity and Resources
The ICC is stretched thin, in terms of capacity, resources, and political backing. Meanwhile, the nature and incidence of conflicts – and of atrocities (war crimes, crimes against humanity, and genocide) – are changing fast. In recent years, the world has faced the largest number of active armed conflicts since 1946. Today, 100 countries have been at least partly involved in some form of external conflict in the last five years, up from 59 in 2008. In 2000-20, almost one-fifth of countries “experienced mass atrocities or had serious concerns raised that they could take place”.
The ICC’s Mandate
A measure of the ICC’s success, as a court of last resort, is that most atrocity crimes are occurring outside its 124 state parties, which together comprise a kind of “domain of relative peace”. But if the majority of alleged atrocities occur in non-ICC states, how can the court fulfil its mandate to “end impunity for the perpetrators of the most serious crimes of international concern”?
A New Approach
Lithuania’s recent referral suggests an answer: investigate individuals whose crimes occur only partly on the territory of an ICC state. After all, the consequences of atrocities committed in non-ICC states are increasingly spilling over into territories within the ICC’s jurisdiction.
Conclusion
The ICC’s investigation into Belarus could be a game-changer in the fight against impunity. It is a bold move that highlights the need for international justice to hold accountable those who commit crimes against humanity, regardless of their nationality or location. The ICC’s success is crucial in maintaining international peace and security, and its failure would be a tremendous loss.
FAQs
Q: What is the International Criminal Court?
A: The International Criminal Court is an independent, permanent court that investigates and tries individuals accused of the most serious crimes of international concern, including genocide, war crimes, and crimes against humanity.
Q: Why did Lithuania refer Belarus to the ICC?
A: Lithuania referred Belarus to the ICC because it believes that crimes against humanity, including deportation, persecution, and other inhumane acts, were committed partly on its own territory, putting them within the ICC’s jurisdiction.
Q: What are the challenges facing the ICC?
A: The ICC faces significant challenges, including a lack of resources, political backing, and capacity to investigate and prosecute crimes. Additionally, the nature and incidence of conflicts are changing fast, making it difficult for the court to keep up with the pace of atrocities.
Q: What are the consequences of the ICC’s investigation into Belarus?
A: The ICC’s investigation into Belarus could lead to an investigation and, potentially, criminal charges against senior Belarusian leaders. It could also have a normative impact, highlighting the need for international justice to hold accountable those who commit crimes against humanity, regardless of their nationality or location.