Lithuania's application to the International Court of Justice regarding the mass assault on migrants organized by the Belarusian authorities on the borders of the European Union has set a precedent that could lead to Belarus being required to pay reparations for these crimes. MEP Dainius Želimas discussed the possibility of such a scenario with Belsat.
He explained that the decision to file the application was made after completing certain procedures. The Belarusian authorities deliberately organized and encouraged the transfer of migrants from third countries across the Lithuanian border, failing to prevent it. Moreover, they did not take the necessary measures to protect these migrants. This is interpreted as a violation of the international protocol on illegal migration.
,,This protocol provides for certain requirements. If one country believes that the other has violated its provisions (as the Republic of Lithuania does), efforts must first be made to peacefully resolve the dispute through negotiations, Želimas notes.
If this fails — and, as the interlocutor notes, it has not been possible despite many attempts to reach an agreement through negotiations — then arbitration is the next step. However, the parties have not agreed on arbitration either.
,,The next step is an appeal to the International Court, which will consider the dispute and determine whether Belarus is responsible for the violations of this protocol, says the MEP.
As a result, the court may recognize that Belarus violated the protocol's provisions. If so, Lithuania may be entitled to reparations — compensation for the additional costs incurred to strengthen the border and implement other related measures. According to estimates, this sum amounts to about 200 million euros, which the international court could award.
Is there a chance of receiving this amount? Dainius Želimas noted that this amount was calculated by the Lithuanian government. If the International Court takes up the case and recognizes that Belarus violated the protocol, it will assess the accuracy of the calculation and decide the exact amount to be collected. In the end, however, some amount may be awarded.
,,Yes, you are right. There is no mechanism to force Belarus to pay this money. However, such a decision will, as they say, remain until Belarus fulfills it since no appeals or contesting of this decision are possible, the interlocutor says.
He believes that the International Court has made many similar decisions that are implemented only after a long time. However, Želimas believes the main thing here is to transfer the case from the political to the legal level. The very fact that the state is officially recognized as guilty of violating international obligations and is required to pay reparations is a success in itself.
On May 19, Lithuania filed a claim with 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, signed on November 15, 2000. This protocol supplements the UN Convention against Transnational Organized Crime.
Raman Shavel / AB belsat.eu
