GD Files ICC Case Against Lukashenko Regime

On 19 May 2021, Global Diligence LLP - together with International Partnership for Human Rights, Truth Hounds and Norwegian Helsinki Committee - requested the International Criminal Court Prosecutor to investigate crimes against humanity perpetrated by the Lukashenko regime in the Republic of Belarus.

Since May 2020, President Lukashenko along with key members of the Presidential Administration, the government, law enforcement, state security, the judiciary and other agents and proxies of Republic of Belarus have waged a campaign of violence, intimidation, harassment and systematic denial of fundamental human rights against the civilian population of Belarus in a bid to retain power at all costs. At least six civilians have been killed, over 33,000 have been arrested, hundreds have been tortured in police and state security detention and an estimated 14,000 have been driven out of the country. There is a reasonable basis to believe that the conduct of the Lukashenko regime amounts to a widespread and systematic attack on the civilian population pursuant to a State policy.

Belarus is not a State Party to the ICC Statute. For this reason, the focus of the Communication is limited to forced displacement of thousands of civilians by the Lukashenko regime, from the Republic of Belarus onto the territories of Lithuania, Poland, Latvia and Ukraine. Forced displacement is a transboundary crime - thus a key element of the crime takes place on the territory of the State to which the victims have fled. This allows the ICC to exercise its jurisdiction over those responsible for the forced displacement, provided the victims fled to a State Party of the ICC.

There is an urgent need for action by the international community to prevent further atrocities. On 17 May 2021, President Lukashenko ratified a law that allows law enforcement officers to use lethal force against protesters and grants them full immunity from prosecution. On Tuesday 18 May, the offices and homes of Belarus' largest independent media organisation - Tut Bai Media - were raided and effectively gagged. The filing parties fear an imminent escalation of violence.

To date, the Lukashenko regime has been allowed to operate with impunity. The victims of the regime's atrocities have no recourse in Belarus' judicial system, which lacks independence and impartiality. Belarus is not a member of the Council of Europe and no other international court or tribunal has jurisdiction over its territory. At present, an investigation and prosecution at the ICC represents the victims' only chance at holding the regime to account for its conduct.

The full submission can be read here.