Lithuania sues Belarus at UN court over alleged migrant smuggling

Lithuania files ICJ case against Belarus over alleged migrant smuggling

Vilnius accuses Minsk of engineering crisis and demands compensation for border costs

Lithuania has filed a legal case against Belarus at the International Court of Justice (ICJ), accusing the country of orchestrating a migrant smuggling operation that has destabilised the EU’s eastern borders. The lawsuit, lodged on Monday, alleges violations of the United Nations Protocol against the Smuggling of Migrants by Land, Sea and Air, and seeks financial compensation for the costs of responding to the border crisis.

In a formal statement, Lithuanian Justice Minister Rimantas Mockus declared that Belarus must be “held legally accountable for orchestrating the wave of illegal migration and the resulting human rights violations.”

“We are taking this case to the International Court of Justice to send a clear message: no state can use vulnerable people as political pawns without facing consequences under international law,” Mockus said.

Orchestrated crisis or regional tension?

The case refers to events beginning in 2021, when thousands of migrants—primarily from the Middle East and Africa—arrived at Lithuania’s border with Belarus. Lithuanian authorities argue that the migrant flow was not organic, but rather manufactured by Belarusian state actors.

Officials in Vilnius say they possess evidence that state-owned Belarusian airlines increased flights from Middle Eastern capitals, bringing migrants to Minsk. From there, Belarusian security forces allegedly escorted or coerced many into crossing the Lithuanian border illegally.

In one cited instance, more than 400 Iraqi nationals were deported from Belarus in a charter flight to Baghdad in late 2021, further suggesting state involvement in controlling—and exploiting—the migrant flows.

Lithuania now seeks compensation through the ICJ for damages, particularly for costs related to reinforced border infrastructure and emergency humanitarian efforts during the crisis.

Accusations of political manipulation

The Lithuanian government said it exhausted bilateral diplomatic efforts before turning to the UN court. Belarus, for its part, has repeatedly denied all allegations, rejecting the EU's claim that it has “weaponised migration.”

In 2021, a Human Rights Watch report supported Lithuania’s stance, citing testimonies of violence and degrading treatment by Belarusian border guards. The organisation found that many migrants were physically coerced or misled into crossing borders without legal support or recourse.

The European Union has also accused Belarusian President Alexander Lukashenko’s regime of “manufacturing” the border crisis to retaliate against EU sanctions and destabilise neighbouring democracies.

EU responds with legal and border measures

In response to the crisis, the European Union enacted emergency rules in December, permitting member states bordering Belarus and Russia to suspend certain asylum rights in situations where migration is being used as a political tool.

The regulation allows governments in Lithuania, Poland, and Latvia to implement temporary derogations from EU asylum procedures, providing more time for screening and processing migrants during times of “hybrid threat”.

Related: New legislation criminalizes child exploitation and cuckooing in the UK

The move reflects growing concern in Brussels that authoritarian regimes may use migration as leverage in foreign policy disputes, creating not only humanitarian crises but also domestic instability in EU border states.

What’s next at The Hague?

The International Court of Justice, based in The Hague, will first examine jurisdictional questions and whether the case qualifies under international treaties to which both countries are party. Legal experts say the case could take years to conclude, but the symbolic weight of the filing sends a strong diplomatic message.

The court is likely to assess whether Belarus breached its obligations under the UN Migrant Smuggling Protocol, and whether its actions constituted a deliberate state strategy rather than a failure of border control.

If successful, Lithuania’s case could establish legal precedent for how “weaponised migration” is treated under international humanitarian and human rights law.

As geopolitical tensions remain high in the region, the case also underscores the increasing use of international legal mechanisms to resolve disputes previously handled through diplomacy—or left unresolved entirely.

Stay tuned to The Horizons Times for continuing coverage of the Belarus ICJ case, EU border policy, and international law developments.