Author: Dominykas Dilys
The flag of ICJ The photo is illustrative
On the 29th of April, Belarus took Poland in front of the ICJ, claiming that the Polish authorities violated human rights and international law by treating arrived immigrants poorly. After an intense discussion between prosecution and defence, the decision was made on the 30th of April.
The court was asked whether the force used by Polish authorities was justified and whether forced migration can be considered as an act of warfare. The opinion of the court is as follows: the actions of Poland at Polish- Belarussian border can be considered incompetent but justified.
The massive migration (around 4000 migrants approached the border) for which Polish government wasn’t prepared, was forced by Belarussian authorities. 21 migrants and refugees died, causes of death were hyperthermia. Polish authorities used tear gas and cold water against the migrants. These measures, according to Riot Control Agents and Laws regarding Riot Control in Poland, are fully legal. The perpetrators of this malpractice should be held accountable for the deaths.
Belarussian government by moving migrants to the border area, acted for their own benefit. Belarussian border guards were given orders to push the migrants to the border against their will. With these actions, Belarus wanted to pressure Poland and the EU into an economic and social disarray.
The Court ruled out that forced migration can be considered as hybrid warfare. Belarus made a lot of false statements against Poland. After further investigation, Poland wasn’t notified about migrants by Belarussian government. Belarus has been found to have broken the Collective Expulsion with the fact that Belarus forcefully sent migrants to their home countries, even those that wished to stay in Minsk.
The court orders the following from both parties:
Belarus is required to pay the cost of litigation to the ICJ;
Belarus and Poland each will have to pay compensation to the families of deceased immigrants, 70% and 30% respectively;
Belarus must stop providing the migrants without the approval of the EU;
Poland is required to reform their Border Administration and make and emergency plan in the case of arriving immigrants;
Polish Border Guard Regiment will have to be tested and reformed with the supervision of UNSC.