Foley Hoag is representing the Republic of Lithuania in proceedings instituted against the Republic of Belarus before the International Court of Justice with regard to a dispute concerning violations by Belarus of its obligations under the Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime. Lithuania and Belarus are both parties to the Protocol.
 
The case concerns Belarus’ orchestration and facilitation of the unprecedented influx of irregular migrants from Belarus into Lithuania in recent years. Lithuania’s position is that this sudden surge in unlawful crossings is the result of an organized effort by Belarus to instrumentalize vulnerable third-country nationals for political goals. Lithuania’s position is that Belarus has facilitated the smuggling of migrants, neglected to implement effective measures to prevent and detect migrant smuggling, failed to cooperate with Lithuanian authorities in suppressing the smuggling of migrants, and has not taken adequate steps to safeguard and protect the rights of migrants.
 
Lithuania instituted the proceedings to hold Belarus fully accountable under international law for its violations of the Protocol, to seek full reparation for the injury caused as well as assurances and guarantees of non-repetition of Belarus’ breaches, and to ensure that vulnerable migrants will no longer be exposed to Belarus’ illegal practices.
 
Foley Hoag attorneys on Lithuania’s legal team include special counsel Professor Pierre d’Argent, partners Dr. Constantinos Salonidis, Ofilio Mayorga, and Peter Tzeng, and associates Sun Young Hwang and Irene Whelan Vita.