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Belarus: International Criminal Court Office of the Prosecutor opens investigation into crimes against humanity

17.03.2026

Source: fidh.org

The International Federation for Human Rights (FIDH) and its Belarusian member and partner organisations – Human Rights Center Viasna, the Center for Global Justice and Human Rights M.A.R.A., the International Committee for the Investigation of Torture in Belarus, the Belarusian Helsinki Committee and Human Constanta – strongly welcome as a crucial step towards accountability the opening of an investigation into the crimes against humanity committed by the Belarusian authorities since 2020, announced by the International Criminal Court (ICC) Office of the Prosecutor (OTP) on 12 March 2026.

16 March 2026. Yesterday, the OTP announced the opening of an investigation into the "Situation in Lithuania/Belarus". It concluded that there is a reasonable basis to believe that since May 2020, the Belarusian authorities have committed the crimes against humanity of deportation and persecution against those opposing or perceived to oppose the government. This marks the first international criminal investigation into the alleged crimes committed during Belarus’ post-2020 crackdown, offering the first real pathway to criminal accountability for victims and survivors.

The preliminary examination of the Lithuania/Belarus situation was launched by the OTP in early October 2024, following a State referral by the government of Lithuania submitted to the Court on 30 September 2024. In March 2025, FIDH, jointly with its member and partner organisations, submitted an Article 15 Communication to the OTP, presenting extensive evidence and legal analysis documenting the crimes of deportation and persecution committed against Belarusians forced into exile. The submission reflects the crucial role played by Belarusian and international civil society in seeking accountability for those responsible for these crimes.

Crimes were approved or encouraged by the Government

In its findings, the OTP highlights that the "coercive acts leading to deportation" were committed pursuant to or in furtherance of a State policy, the patterns of the crimes and its repetitive nature supporting "the conclusion that the crimes committed by the authorities were encouraged or approved by the highest levels of the Government". Because the alleged crimes are transboundary in nature and were committed at least partly on the territory of Lithuania, the ICC can exercise its jurisdiction.

"The opening of the investigation is a critical step towards accountability for the crimes against humanity committed by the Belarusian authorities since 2020", said Pavel Sapelko, Viasna lawyer and former FIDH acting Vice President. "This is a new practice for accountability and a tangible step towards meeting the needs of victims for justice, rehabilitation and punishment of perpetrators."

As concluded by several authoritative human rights investigations, including the United Nations Group of Independent Experts on the Situation of Human Rights in Belarus and the International Accountability Platform for Belarus, since 2020, the Belarusian authorities have systematically eroded the fundamental human rights of the Belarusian people. The violations documented include torture and inhuman treatment, as well as severe restrictions on the rights to freedom of expression, peaceful assembly, association, and the right to a fair trial. As a result, up to 600,000 Belarusians –over 6% of the population as of 2020– have since been forced to leave the country over a well-founded fear of persecution for their actual or perceived political views. Furthermore, the Belarusian authorities continued to persecute Belarusians forced into exile and those residing abroad through systematic judicial harassment. Apart from in absentia trials, intimidation and threats against Belarusians abroad and their relatives remaining in the country and public campaigns of hate speech, the authorities conducted unjustified searches, seized property, and restricted access to essential public services from abroad, including passport renewal, effectively placing many Belarusians at risk of de facto statelessness.

FIDH and its partners applaud Lithuania’s initiative and strongly urge all ICC States Parties, especially those hosting Belarusian refugees, to swiftly refer the situation to the Court in order to expand the territorial jurisdiction and ensure that all victims have equal access to justice.

The organisations also call on the international community to cooperate fully with the ICC to expedite the investigation, including by facilitating the collection of evidence, executing arrest warrants and surrendering suspects to the Court once issued by the Pre-Trial Chamber, and protecting victims and witnesses in their jurisdiction.

 

Co-signatories

International Federation for Human Rights (FIDH)
Human Rights Center Viasna
Center for Global Justice and Human Rights M.A.R.A.
Human Constanta
International Committee for the Investigation of Torture in Belarus
Belarusian Helsinki Committee