Vilnius, Lithuania
The Hague: Lithuania filed a case against Belarus at the International Court of Justice (ICJ) today, alleging Belarus organised migrant smuggling into Lithuania, violating international rules. The dispute, originating in a 2021 border crisis, affects Lithuania’s security and the safety of migrants.
The dispute highlights tensions between Lithuania, a member of the European Union, and Belarus, an ally of Russia, amid geopolitical strains. The 2021 crisis, involving thousands of migrants, prompted concerns that Belarus used migration to pressure the European Union, impacting regional stability, security, and humanitarian conditions.
Lithuania submitted an application to the ICJ today, asserting Belarus violated the Protocol against the Smuggling of Migrants, which supplements the United Nations Convention against Transnational Organised Crime. Both nations are parties to the Protocol, which requires states to prevent migrant smuggling, secure borders, exchange information, cooperate on public awareness, and protect the rights of migrants. Lithuania claims Belarus failed to meet these obligations, causing a crisis that disrupted Lithuania’s sovereignty and harmed migrants.
According to Lithuania’s application, Belarus breached Protocol provisions by facilitating migrant smuggling for financial or material gain, excluding actions driven by humanitarian motives, as specified in the Protocol. Lithuania alleges officials of Belarus, including border guards reporting to the head of state, escorted migrants to crossing points, opened border gates, and directed individuals into Lithuania through routes not authorised. Lithuania claims Belarus issued short-term visas to migrants from Iraq, Syria, and Turkey, enabling entry into Belarus for crossings into the European Union. Entities such as Belavia Airlines, Tsentrkurort tourism agency, and private companies, including Cham Wings Airlines, Oskartour, and VIP Grub, formed groups of three or more persons, operating across states. Lithuania asserts these groups provided “tour packages” with guides to assist smuggling, planned in Iraq, Syria, and Turkey, rendering the offence transnational, as it involved multiple states and affected Lithuania’s border.
Lithuania alleges Belarus failed to comply with Articles 11(1)-(5) and 12, which mandate border controls and security of travel documents. Lithuania claims authorities of Belarus permitted smuggling, damaged Lithuania’s border fence, and issued visas and documents misused for entry into the European Union. Lithuania further asserts Belarus violated Articles 10, 11(6), and 15 by withholding information from Lithuania’s State Border Guard Service (VSAT), declining investigations, and refusing meetings to address smuggling. From 2020, Lithuania sent notifications under the 2009 Treaty on the Legal Regime of the Lithuanian-Belarusian State Border, reporting crossings and requesting cooperation. Lithuania alleges Belarus denied occurrences, rejected requests from VSAT for assistance, and declined proposals for investigations and meetings, hindering efforts to counter smuggling by groups.
Lithuania claims Belarus violated Article 16 by failing to protect the rights of migrants. According to Lithuania, migrants, including children, experienced beatings, pursuit by dogs, confiscation of passports, and crossings through rivers in cold conditions. Lithuania alleges that transports occurred in vehicles with overcrowding or in cars enclosed on loading platforms, leading to deaths from hypothermia or exhaustion in border zones lacking shelter, food, or medical care. Lithuania asserts these failures left migrants exposed to risks from groups engaged in smuggling.
Lithuania’s application states that the crisis imposed costs exceeding €200 million on Lithuania from 2021 to 2023 for constructing border barriers, deploying surveillance systems, and assigning personnel. Lithuania declared a state of emergency on July 2, 2021, as the influx strained institutions, affecting sovereignty, security, and public order. Lithuania claims migrants faced risks, including exploitation by groups involved in smuggling. Lithuania collaborated with organisations, agencies of the European Union, and states such as Iraq and Greece to provide food, shelter, medical care, and legal support, utilising the European Civil Protection Mechanism. Lithuania pursued diplomacy with states beyond Iraq and Greece to reduce migration, demonstrating a commitment to the welfare of migrants.
Lithuania bases the jurisdiction of the ICJ on Article 36(1) of the ICJ Statute and Article 20(2) of the Protocol, which allows disputes between parties to proceed to the Court. Lithuania requests the ICJ to declare Belarus violated Articles 10, 11, 12, 15, and 16, and to order Belarus to cease actions, comply with the Protocol, provide reparations for damages, including costs to Lithuania and injuries to migrants, and offer assurances against repetition of violations.
Lithuania appointed Ričard Dzikovič, Head of the Legal Representation Group at the Ministry of Justice, as Agent, with Dovilė Gailiūtė-Janušonė and Ingrida Bačiulienė as Co-Agents. Nicolas Michel, a national of Switzerland, serves as judge ad hoc. Lithuania reserved rights to amend claims or request measures to protect interests, directing communications to an office in The Hague.
The case examines the Protocol’s application to smuggling allegedly supported by a state, raising questions about enforcement of international law during tensions. Acceptance of jurisdiction by the ICJ could influence policies on border security, protections for migrants, and accountability for crimes across states, affecting migration frameworks globally.
– global bihari bureau
