On December 10, Dr Skirmantas Bikelis, a researcher at the Law Institute of the Lithuanian Research Centre for Social Sciences (LCSS), participated in the discussion “What Is the Future of the International Human Rights Order?” at the 8th National Human Rights Forum (NHRF), held at the Martynas Mažvydas National Library of Lithuania. It took place shortly after the announcement of the U.S. National Security Strategy, but before the attack on Venezuela. However, the question raised by the session remains relevant and is becoming ever more so. During the discussion, the focus was primarily on the disregard for international law in Ukraine and in Palestine, particularly in Gaza.
S. Bikelis expressed the view that the standards established by the Supreme Court of Lithuania (SCL) for the crime of genocide (in the Vasiliauskas and Drėlingas cases, where the defendants were found guilty of participation in the genocide of Lithuanian partisans) are very liberal – considerably more permissive than those applied by international criminal tribunals. Therefore, if individuals responsible for crimes in Gaza were to be tried in Lithuania, proving the body of genocide as it is understood in Lithuania would be relatively easy (bearing in mind the concept of the crime, rather than the practical circumstances and difficulties of gathering evidence). Moreover, the differences in scale between the total destruction of Gaza and the killings of partisans are quite evident. Evidence of genocidal intent is also abundant and is described in detail in the findings of the United Nations Independent International Commission of Inquiry on the Occupied Palestinian Territory (including East Jerusalem), and Israel. By contrast, the existence of genocidal intent in the killings of Lithuanian partisans (as a group vital to the nation’s survival) is even more debatable.
In the context of Lithuania’s position, it is also important that on the eve of the Forum, in its ruling in the Paleckis case concerning the denial of genocide, the Supreme Court of Lithuania stated that “international crimes may be denied or trivialized not only through the use of explicit language, but also, inter alia, by means of omissions, by taking cover behind cautious wording or hypotheses that do not change the essence of such statements” (case No. 2K-173-1073/2025).
The discussion contained a great deal of pessimistic realism – we live in a world of crumbling forms. Nevertheless, our duty is to participate in the process properly and to stand firmly on the side of justice, regardless of the balance of power and the fragility of forms.
An analogous principle is required by the Convention on the Prevention and Punishment of the Crime of Genocide: according to the International Court of Justice (2007 judgment), the Convention obliges states to take action even when the actions of an individual state could not, by themselves, prevent genocide, because the desired result may be achieved through the combined actions of several states. *- At the Forum, the quotation was incorrectly attributed to the International Criminal Tribunal for the former Yugoslavia.
Recording of the discussion in Lithuanian.
Photos by the forum organizer.