The Idea of Co-Nation and the International Protection of Linguistic Rights: Lessons from Belarus

This study examines the challenges of implementing linguistic rights for national minorities and the titular nation in Belarus, focusing on the Belarusian, Lithuanian, and Polish languages. It explores theoretical aspects of linguistic rights and the international norms regulating them, analyzing the historical and legal context to understand the current landscape. The distinction between lex generalis and lex specialis in international law creates barriers to realizing linguistic and cultural rights. The author proposes the concept of “co-nation” to recognize minorities and the titular nation as equal partners, fostering unity against oppression. Utilizing the principle of “good faith” as an ethical assessment tool, the study reveals how concepts like “abuse of rights” and “mens rea” expose the root causes of non-fulfillment of obligations, affecting state accountability under international treaties. The study emphasizes that actions threatening cultural and linguistic heritage could lead to international criminal liability for genocide, as demonstrated by tribunal practices.