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Polish lawyer — on the situation in Belarus

Tomasz Wilinsky
Tomasz Wilinsky Source: NAM-media

"Only a strong international response can prevent new crimes against humanity"

The situation in Belarus concerns not only its citizens — the regime created an international crisis and commits crimes against humanity every day in an attempt to retain power. Lukashenka has become a problem not only for our people, but also for the world community. Here is what the Polish lawyer Tomasz Wilinsky, one of the initiators of the NAM legal conference in Nuremberg, thinks about this:

"Since August 2020, the norms of international law have been regularly violated in Belarus, including damage of the Poland state interests."
"The judicial system in Belarus is subordinate to Lukashenka and in fact cannot prosecute these crimes. But the principles of international law, the so-called The Nuremberg Principles state:
— statesmen are not exempt from criminal responsibility for international crimes;
— acting on the orders of the government or superiors does not exempt from liability".
"According to the principle of universal jurisdiction, criminal law applies to a foreigner if he commits a crime abroad that is prosecuted in accordance with international agreements. Such a norm is also contained in the Polish criminal law, which allows us to conclude: Poland has the right to initiate a criminal case in this regard".
"The migration crisis on the border between the EU and Belarus is a violation of the Protocol against the smuggling of migrants by land, sea and air, supplementing the 2000 UN Convention against Transnational Organized Crime and signed by Belarus. In accordance with this international legal act, if it is impossible to agree on arbitration within 6 months, which is preceded by negotiations, the case can be referred to the International Court of Justice. Poland, Lithuania and Latvia are obliged to use this procedure, as it may be important for the activation of international criminal law instruments".
"Only a strong international response can prevent new crimes against humanity".


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