Lithuania takes Belarus to court over 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 under the Protocol against the Smuggling of Migrants by Land, Sea and Air, which supplements the United Nations Convention against Transnational Organized Crime. At the core of Lithuania’s claim is the allegation that Belarus has been “facilitating, supporting, and enabling the smuggling of migrants from Belarus into Lithuania.”

Lithuania asserts 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.” The country argues that the ICJ possesses jurisdiction based on Article 36, paragraph 1 of the Statute of the ICJ, in conjunction with Article 20, paragraph 2 of the Protocol, with both Lithuania and Belarus being parties to these international agreements.

This case marks the first time that either state has instituted proceedings or faced a claim before the ICJ. Law firm Volterra Fietta, which has been representing states in ICJ cases for over 30 years, is involved in this significant legal affair. Recently, Volterra Fietta has also been acting as counsel for Barbados in the Climate Change Advisory Opinion proceedings.

For additional information regarding this case, please contact info@volterrafietta.com.