Statement by Pavel Latushka on Lithuania’s Submission Against Belarus to the International Court of Justice

International Court of Justice. Photo: anu.edu.au

Today, Lithuania submitted the Application to the International Court of Justice regarding Belarus’s violation of its obligations under the Protocol against the Smuggling of Migrants by Land, Sea and Air, adopted on 15 November 2000, which supplements the United Nations Convention against Transnational Organized Crime.

19 May 2025 marks another significant day in the modern history of Belarus. For the first time, a case has been brought against Belarus before the International Court of Justice for  breaches of obligations under a multilateral treaty. We fully support Lithuania's decision to take this step.

Just over two years ago, the Ministry of Justice of Lithuania publicly declared its intention to seek Belarus’s accountability before the ICJ for violating its international obligations by organizing and facilitating the illegal transfer of migrants across the shared border.

Since 2021, Lithuania has faced an unprecedented influx of illegal migrants crossing its border from Belarus, amid extensive evidence pointing to the Minsk regime’s involvement in encouraging and enabling this unlawful activity. To illustrate the scale of the issue: in 2019 and 2020, there were only 37 and 74 attempted illegal crossings, respectively. From 2021 onwards, the total number of such attempts from Belarus exceeded 23,000.

Over the past two years, Lithuania has consistently pursued the necessary procedural steps to urge the Belarusian regime under Lukashenko to cease its illegal actions. However, due to the regime’s unconstructive stance, diplomatic negotiations failed, creating grounds for Lithuania to bring the case before the International Court of Justice.

Lithuania’s consistent use of international accountability mechanisms reaffirms its firm commitment to the rule of international law. By bringing this case to the ICJ, Lithuania highlights that existing legal mechanisms — especially the option to appeal to this Court — are effective tools for ensuring state accountability for breaches of international obligations. These mechanisms are available to all states and their active use serves the interests of the entire international community, promoting the strengthening of the rule of law on the global stage.

We call upon our international partners to stand against the unlawful use of “at-risk groups” for political purposes and to support Lithuania’s efforts to hold the Republic of Belarus accountable while reinforcing the international legal order.

It is important to note that, unlike proceedings before the International Criminal Court, this case concerns the responsibility of Belarus as a state. The Lukashenko regime has reached a stage where virtually every Belarusian citizen is, in some way, affected by the consequences of the regime’s violations of international law committed in the name of our country. Unfortunately, the burdens caused by the Belarusian dictator’s actions will weigh on our nation for years to come.

Nonetheless, the use of international accountability mechanisms remains the only peaceful and targeted means available today to enforce compliance with international obligations by the Lukashenko regime — both toward neighboring states and toward the Belarusian people.

The United Transitional Cabinet and the National Anti-Crisis Management continue their efforts to support the accountability of the Belarusian regime, including through actions before the International Court of Justice.

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