Republic of Lithuania/Republic of Belarus

Procedural History

On 30 September 2024, the Republic of Lithuania submitted a referral to the Office of the Prosecutor exercising its prerogative, as a State Party to the Rome Statute, under article 14(1). The Republic of Lithuania requested the Office to investigate alleged crimes against humanity committed in the Republic of Belarus, a non-ICC State party, stating that part of the elements of the alleged crimes was committed on the territory of Lithuania, an ICC State Party.

Lithuania’s referral alleges that “beginning in April 2020, and from at least 1 May 2020, partly ongoing to the present day, and continuing, crimes against humanity – including deportation, persecution and other inhumane acts – have been carried out against the civilian population of Belarus, at the behest of senior Belarusian political, law enforcement and military leaders, and that part of the element of these crimes was committed on the territory of Lithuania, bringing such crimes temporally, territorially, and materially (by subject-matter) within the jurisdiction of the Court”.

The Government of Lithuania requested the Office to investigate alleged crimes within the Court’s jurisdiction including those committed in the territory of the Republic of Belarus, and partly on the territory of Lithuania, since at least 1 May 2020.

The Office opened a preliminary examination on 30 September 2024. 

On 12 March 2026, the Office concluded the preliminary examination, and proceeded to open an investigation. 

The Office determined that there was a reasonable basis to believe that the coercive acts leading to deportation constituted a course of conduct against actual or perceived opponents of the Government of Belarus, pursuant to or in furtherance of a State policy. The Office has concluded that the alleged crimes committed by the authorities were encouraged or approved by the highest levels of the Government.

The scope of the investigation covers transboundary crimes – any past and present allegations of crimes since 1 May 2020 in Belarus, where at least one element of the crime has been committed on the territory of Lithuania, in line with the parameters of the referral and the jurisdictional framework.

As such, the investigation includes crimes against humanity, such as deportation, and persecution through deportation against any identifiable group or collectivity on political grounds allegedly committed by the Belarusian authorities.