In early July, the Global Accountability Network (a non-profit with a mission to to deter future actors from resorting to the victimization of civilians as a weapon of war by combatting impunity and securing justice for the victims of atrocity situations worldwide), published a report and sample indictment [3] against Belarusian President Aleksandr Lukashenko for aiding and abetting Russia’s crime of aggression in Ukraine by providing military assistance and allowing the use of Belarusian territory for Russian operations. The analysis, based on open-source research and evidence collection, outlines Lukashenko's involvement and argues for his accountability under international law. While the International Criminal Court might not exercise jurisdiction, the analysis aims to inform potential future international tribunals. The report also emphasizes the importance of holding heads of state responsible for international crimes, citing Lukashenko's case as an example for deterring similar actions in the future.

The report begins by discussing the relationship between Belarus and Russia, particularly focusing on how this relationship has impacted the recent Ukraine invasion.

Belarus’ president, Alexander Lukashenko, has a long-standing relationship with Russia dating back to his first term in office (1994). This relationship has deepened over time, with Belarus becoming increasingly reliant on Russia economically and militarily. In the lead-up to the 2022 invasion of Ukraine, Russia staged troops and equipment in Belarus, facilitating the attack. Belarus allowed Russia to launch attacks from its territory and stationed nuclear weapons there. As of April 2024, Russia continues to utilize Belarusian infrastructure for its war effort.

The report continues with an analysis of Article 8 of the Rome Statute [4] of the International Criminal Court, which defines the “crime of aggression” as “the planning, preparation, initiation or execution, by a person in a position effectively to exercise control over or to direct the political or military action of a State, of an act of aggression which, by its charter, gravity and scale, constitutes a manifest violation of the Charter of the United Nations.

Following the Article 8 analysis, the report continues with an analysis of Article 25(3)(c) of the Rome Statute establishes jurisdiction over aiding and abetting this crime. Aiding and abetting has been recognized in the statutes of other international tribunals. Established jurisprudence defines aiding and abetting as providing assistance that has a substantial effect on the commission of a crime, with knowledge that the acts performed assist in the crime's commission. The report concludes that Lukashenko's actions in supporting Russia's invasion of Ukraine meet this standard for aiding and abetting the crime of aggression

The report concludes with a detailed sample indictment that could be used to charge Lukashenko with aiding and abetting a crime of aggression in the Russia-Ukraine War.