The Legal Status of Ukrainian War Refugees in the Republic of Belarus

Before we begin discussing the legal status of Ukrainian war refugees in the Republic of Belarus, it is essential to recognize that although the armed forces of this country are not directly involved in the Russian-Ukrainian war, the Republic of Belarus is a clear ally in Russia’s invasion of Ukraine. This is because it has provided and continues to provide substantial assistance to the occupying forces of the Russian Federation (including, among other things, the deployment of Russian troops in Belarusian military bases and airports, the use of Belarusian railway and road networks, and the provision of logistical and material support, such as fuel and lubricants).

Without this support, the Russian invasion of Ukraine on February 24, 2022, would have been practically impossible on such a massive scale along a significant portion of Ukraine’s national border. It is worth noting that a considerable part of the Russian occupying army launched its invasion of Ukraine precisely from the territory of the Republic of Belarus (including from the Exclusion Zone of the Chernobyl nuclear power plant), and many of the war crimes that Russia has committed and continues to commit on Ukrainian territory would not have been possible without logistical assistance from the Belarusian state.

1. Political situation in Belarus 

Equally important, in the context of analyzing the legal status of Ukrainian war refugees in this country, is the fact that the Republic of Belarus is an authoritarian state, whose current de facto leader, Alyaksandr Lukashenka, initially secured power by manipulating voters’ choices at the beginning of his “rule,” and now maintains it through a repressive state apparatus under his control, employing methods of demagoguery and intimidation. He has held power in an ostensibly legal manner—under the guise of “referenda” and presidential elections—since 1994. In 1996, President Lukashenka dissolved the 13th convocation of the Supreme Council of Belarus, replacing it with the National Assembly of the Republic of Belarus—a fully “compliant” bicameral parliament composed of the House of Representatives and the Council of the Republic. Shortly thereafter, in the same year, constitutional amendments were introduced via a referendum, extending President Alyaksandr Lukashenka’s term by two years, until 2001. This situation led to a significant “cooling” of relations between Belarus and the West.

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