Statement of ICC Prosecutor Karim A.A. Khan KC on receipt of a referral by the Republic of Lithuania
On 30 September 2024, the Republic of Lithuania submitted a referral to my Office exercising its prerogative, as a State Party to the Rome Statute of the International Criminal Court (ICC), under article 14(1) of the Statute.
In its referral, the Republic of Lithuania requests my 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.
Specifically, the 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”.
As a result, the Government of Lithuania request my Office “to investigate all past, ongoing and future crimes within the Court’s jurisdiction, including as referred, as committed in the territory of the Republic of Belarus, and partly on the territory of Lithuania, since at least 1 May 2020”.
In accordance with the Rome Statute, a State Party may refer to my Office a situation in which one or more crimes within the jurisdiction of the Court appear to have been committed, requesting the Office to investigate the situation for the purpose of determining whether one or more specific persons should be charged with the commission of such crimes. A State Party referral does not automatically lead to the opening of an investigation.
I can confirm that my Office will conduct a preliminary examination to examine the request within the limits of the ICC jurisdiction, and to determine, based on statutory requirements, if there is a reasonable basis to proceed with the opening of an investigation.
Any interested person or entity who wishes to submit information to the OTP on these or other alleged crimes committed under the ICC’s jurisdiction may use OTPLink, a secure platform to receive such submissions.
For further details on "preliminary examinations" and "situations and cases" before the Court, click here, and here.