By Zurab Kochladze
Andrew Keymaster, March 31, 2023
The International Federation for Human Rights (FIDH) and five other civil society organisations have submitted evidence to the International Criminal Court (ICC) that demonstrates that the Court can have jurisdiction on the crimes against humanity committed by Belarusian authorities. Although Belarus is not party to the Rome Statute, organisations argue that at least some elements of crime were committed outside of Belarus territory in the states that ratified the Statute, giving ICC the ability to exercise its jurisdiction.
The International Federation for Human Rights (FIDH) announced that, together with five other civil society organisations, it had submitted evidence to the International Criminal Court (ICC) concerning alleged crimes against humanity committed by the Belarusian authorities.
The communication was submitted under Article 15 of the Rome Statute, the founding treaty of the ICC. This clause allows individuals and organisations to provide information to the ICC’s Office of the Prosecutor on alleged crimes within the Court’s jurisdiction.
The Office of the Prosecutor has opened a preliminary examination into the case to determine whether it has jurisdiction, following the formal referral by the Lithuanian government of the situation in Belarus to the ICC. According to the Lithuanian officials, there are reasonable grounds to believe that the Belarusian authorities have targeted their own citizens and committed crimes against humanity.
However, the situation is complex because Belarus is not a party to the Statute. Therefore, the ICC cannot exercise jurisdiction over crimes committed on the territory of Belarus. Nonetheless, the Court may exercise jurisdiction if there is evidence that the alleged crimes were committed, at least in part, on the territory of a State Party, such as Lithuania. Currently, more than 60,000 Belarusians reside in Lithuania. According to government officials from Lithuania, the Belarusians in exile “have undergone or are still undergoing the pressure of the regime and its crimes.”
The communication submitted by the six NGOs is important because it includes a legal analysis demonstrating that the ICC can exercise its jurisdiction over the crimes committed by Belarusian authorities since at least one element of the alleged crimes took place on the territory of States Parties to the Rome Statute. Therefore, the information submitted by civil society organisations may influence the ICC’s decision regarding its jurisdiction.
At least 6.4 percent of the Belarusian population has left their homeland due to an ongoing campaign by authorities aimed at suppressing and punishing individuals perceived as “disloyal” to the regime. Yet, even in exile, Belarusians are not protected because the Belarusian government has continued to target them through various forms of transnational persecution.
These forms have included and continue to include trials in absentia, judicial harassment, intimidation, and threats against exiles and their relatives remaining in Belarus. They also involve state-sponsored hate speech, unlawful property seizures, and the restriction of access to public services, often resulting in de facto homelessness.
The communication submitted by the organisations was based on interviews with victims and witnesses, as well as an analysis of public sources and official statements. Some Belarusian officials have reportedly referred to the campaign as a “cleansing of society,” highlighting its systematic nature.
Sources and Further Readings:
ICC to open Belarus crimes against humanity inquiry at Lithuanian request
International Criminal Court, FAQs
Increased International Scrutiny over Belarus Crimes
Fresh evidence may lead to full ICC investigation into Belarus regime
Belarus: RSF files ICC complaint against Lukashenko
Suddenly, Belarus wakes up with two complaints before the ICC
Statement of ICC Prosecutor Karim A.A. Khan KC on receipt of a referral by the Republic of Lithuania
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