Preliminary examination

Republic of Lithuania/Republic of Belarus

ICC-01/24

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.

Next steps

A State Party referral does not automatically lead to the opening of an investigation.

The Office will conduct a preliminary examination of the information received, strictly guided by the requirements of the Statute, to determine if there is a reasonable basis to proceed with the opening of an investigation. Specifically, under article 53(1) of the Statute, the Prosecutor must consider issues of jurisdiction, admissibility and the interests of justice in making this determination. The Office will independently evaluate and analyse all information available and give consideration to all submissions and views conveyed to it, including any observation by the competent national authorities concerning any relevant investigation and prosecution at the national level.