Lawyer Who Applied to The Hague Against Lukashenka: He Has No Diplomatic Immunity

One can convict the dictator even without his presence.

Polish lawyer Tomasz Wilinski compiled and sent to the International Criminal Court in the Hague a statement against Aliaksandr Lukashenka and representatives of the regime. Is there any chance that the dictator's trial will take place in the foreseeable future? Tomasz Wilinski his opinion in an interview with Charter97.org.

- How did it happen that you've become a representative of the Belarusian citizens?

- I've been engaged in Belarusian cases for several years, documenting the crimes committed by the regime. During the protests in Minsk, which began on August 9, 2020, three Poles were also detained. I then became their representative to discover what happened to them and get them out of there. We sent a notice of crimes against them to the Polish Prosecutor's Office. Then there was a wave of similar appeals from other people with similar problems, including Belarusian opposition activists. Pavel Latushka, Valery and Veronika Tsepkalo were among them, as well as many other people who managed to flee from Belarus and had to do it.

I represented all of these people and collected and documented information about the crimes committed. Since 2020, I have publicly stated in the international arena that the crimes committed by the Lukashenka regime are crimes against humanity.

After analyzing the events that began later, I concluded that these actions fall under the concept of genocide - both against the people of Belarus and representatives of other nationalities.

Including against those migrants who were involved in the migrant crisis, artificially created by the Lukashenka regime and his administration. So I initiated the proceedings on behalf of these people. I drew up notices, both to the Polish Prosecutor's Office and the International Tribunal in the Hague.

- What is the most serious accusation against Lukashenka's regime?

- The most serious accusation is the genocide by an armed criminal group. This is the gravest crime, which is mentioned in Article 118 of the Criminal Code of Poland, in paragraphs 2 and 3 of the Genocide Convention, as well as in paragraph 6 of the Rome Statute of the International Criminal Court.

- What are the chances of success in court?

- I consider the chances of investigation, both by the Prosecutor of the International Criminal Court in the Hague and the Polish Prosecutor's Office, to be very high. Every crime committed by the Lukashenka regime has been documented as accurately as possible. My confidence also rests on the crimes, already more personal, committed not against the people as a whole. Such actions are already underway. Investigations have been initiated in the Polish Prosecutor's Offices. It means that Poland, as a party to the Rome Statute, can make a complaint also to the International Criminal Court in The Hague and the International Court of Justice. In connection with the crimes committed, this investigation should be initiated.

The issue of universal jurisdiction is a greater problem, how it will be interpreted at the national level in Poland and the Hague. We need very strong lobbying from countries such as Lithuania, Poland, Latvia, Germany and the Czech Republic. That is the countries that are already conducting such investigations or have notifications about committing crimes against humanity. It is necessary for these countries, as countries of the statute, to draw up complaints to the tribunal, or to support complaints that have already been drawn up. I'm not just talking about the notice that I've compiled. There are several pieces of that kind of notice. There are eight of them. The Helsinki Foundation for Human Rights, together with the Salvation Foundation, are also preparing similar statements in connection with at least the same migrant crisis.

So a lot of political pressure and political will is required. We understand that there will be no action without political will. However, if this will is shown and other states also support these appeals, then the chances of a trial will increase. Proceedings in the International Court of Justice have another advantage: the means can be applied to the criminals, including Aliaksandr Lukashenka. This is exactly the most important and significant.

- If Lukashenka is recognized as a criminal, what further steps can be taken to bring him to justice?

- Here we can highlight two points. The first is that he may appear in the INTERPOL "red" note as a person who must be brought before an international court. I believe that in this situation Lukashenka is not entitled to diplomatic immunity. However, even if he has plans to use it, it is not an obstacle for the prosecutor of the International Criminal Court in the Hague. It follows directly from the Nuremberg Principles.

There is one of the basic rules of diplomatic immunity. It does not protect against liability to the international judicial system. This is probably the most important sanction.

On the other hand, there is also the possibility of proceedings "in absentia," that is, without the presence of Aliaksandr Lukashenka.

- Why is Lukashenka not entitled to diplomatic immunity from the legal point of view?

- There is no act of international law recognizing Aliaksandr Lukashenka as president. Most countries have questioned the 2020 election and his re-election. De facto, he is not the president. He is a citizen.

- Could you give examples of such proceedings from history?

- The best example we have to take directly from the international judicial system is the case of Myanmar, which is also not a party to the Rome Statute. Another similar example is that of Rwanda. The proceedings began because a number of countries made a complaint against the crimes committed there. These are two fairly recent and relevant cases, which can be compared with the case of Aliaksandr Lukashenka. We can also recall the tribunal for the former Yugoslavia, but there were slightly different circumstances. In this regard, the two cases that are more suitable for the crimes of the Belarusian regime are Myanmar and Rwanda. They should serve as an example for the proceedings against Aliaksandr Lukashenka.

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