Published on 20 May 2025 in Client Alerts

Lithuania institutes proceedings against Belarus before the International Court of Justice over the smuggling of migrants

On 19 May 2025, the Republic of Lithuania filed an Application instituting proceedings against the Republic of Belarus before the International Court of Justice (“ICJ”).  Lithuania alleges that Belarus has breached its obligations towards Lithuania contained under the Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime (“the Protocol”).

The basis of Lithuania’s claim relates to “facilitating, supporting, and enabling the smuggling of migrants from Belarus into Lithuania”.  Lithuania contends that “[t]he smuggling of migrants has caused serious harm to Lithuania’s sovereignty, security, and public order, as well as to the rights and interests of the smuggled migrants themselves, who have been exposed to grave abuses in trying to reach Lithuanian territory”.

Lithuania argues that the ICJ has jurisdiction on the basis of Article 36, paragraph 1 of the Statute of the ICJ, read in conjunction with Article 20, paragraph 2, of the Protocol.  Both Lithuania and Belarus are party to these conventions.  This is the first time both States have instituted proceedings or been recipients of a claim before the ICJ.

Volterra Fietta and its lawyers have been acting for States in cases before the ICJ, in both contentious and advisory opinion proceedings for over 30 years.  For example, Volterra Fietta is currently acting as counsel for Barbados in the Climate Change Advisory Opinion proceedings.

For further information, please contact info@volterrafietta.com.

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