CYIL vol. 13 (2022)

VIOLETA VASILIAUSKIENĖ CYIL 13 ȍ2022Ȏ in such situations that will need further elaboration in state practice, where states will need to find balance of these conflicting values: protection of persons in need of asylum and the protection of national borders and national security. The opinion of states and international organisations In this unusual situation where the persons migrating illegally and claiming asylum come in large, previously unseen numbers with the clear contribution by the policy and actions of the country that they are transiting through, it is important to take into account the reactions of states reflecting their opinio juri s on the situation and on the actions of Lithuanian, Latvian and Polish authorities. Firstly, the opinion of the most-affected states – Lithuania, Latvia, Poland should be considered. All the affected states, their leaders have expressed a unified opinion. A joint statement was issued by the Prime Minister of the Republic of Lithuania Ingrida Šimonytė, PrimeMinister of the Republic of PolandMateuszMorawiecki, PrimeMinister of the Republic of Latvia Arturs Krišjānis Kariņš, and Prime Minister of the Republic of Estonia Kaja Kallas condemning the hybrid attack by Belarus against state borders. The statement indicated that the officials indicated above “express [their] grave concern regarding the situation on the borders of Lithuania, Latvia and Poland with Belarus. It is clear to [them] that the ongoing crisis has been planned and systemically organized by the regime of Alexander Lukashenka. Using immigrants to destabilize neighbouring countries constitutes a clear breach of the international law and qualifies as a hybrid attack against Latvia, Lithuania, Poland and thus against the entire European Union”. 78 Speaking about European reactions, it can be mentioned that the European Court of Human Rights requested Poland and Latvia to provide the asylum seekers with “food, water, clothing, adequate medical care and, if possible, temporary shelter for three weeks, according to a statement from the court on 25 August, although neither country was ordered to allow the migrants past the border.” 79 All main EU institutions have expressed their support to Lithuania and its actions. European Commission has stated that “Belarus must stop putting people’s lives at risk. The instrumentalisationofmigrants for political purposes byBelarus is unacceptable. […] I amcalling onMember States to finally approve the extended sanctions regime on the Belarusian authorities responsible for this hybrid attack.” 80 The High Representative for Foreign Affairs has stated that “the EU strongly condemns the Lukashenko regime for deliberately putting people’s lives and wellbeing in danger. Not only does it break international law, it also disregards the fundamental human rights to which Belarus has committed. Such inhumane actions call for a strong international reaction and cooperation in order to hold Belarus regime accountable for these violations. International 78 ‘Baltic and Polish Prime Ministers condemn hybrid attack by Belarus against state borders’ Lithuanian Government (23 August 2021) accessed 31 May 2022. 79 ‘Court tells Poland, Latvia to aid migrants on Belarus border’ DW (25 August 2021) accessed 31 May 2021. 80 European Commission, ‘Statement by President von der Leyen on the situation at the border between Poland and Belarus’ (Washington, DC, 8 November 2021) accessed 31 May 2022.

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