Consolidated version valid as of 1 January 2023
REPUBLIC OF LITHUANIA
LAW ON
ARMED DEFENCE AND RESISTANCE TO AGGRESSION
17 July 2000 No VIII-1856
Vilnius
invoking the second paragraph of Article 3 of the Constitution of the Republic of Lithuania, which stipulates that the Nation and each citizen shall have the right to resist anyone who encroaches on the independence, territorial integrity, and constitutional order of the State of Lithuania by force,
invoking the first paragraph of Article 139 of the Constitution of the Republic of Lithuania, which states that the defence of the State of Lithuania against a foreign armed attack shall be the right and duty of each citizen of the Republic of Lithuania,
invoking the Law of the Republic of Lithuania on the Basics of National Security, which establishes the fundamental provisions of Lithuania’s defence policy based on the principle of total and unconditional defence,
invoking Article 51 of the Charter of the United Nations and other universally accepted norms of international law, which stipulate the inherent right of every state to individual or collective self-defence against an armed attack,
hereby passes this Law.
Article 1. Purpose of the Law
This Law establishes the principles of, and framework for, the armed defence of the Republic of Lithuania and resistance to aggression.
Article 2. Definitions
1. ‘Aggression’ means the use, or threat of use, of armed force against the sovereignty, territorial integrity, or political independence of the Republic of Lithuania.
2. ‘Armed Forces’ shall be interpreted as defined in the Law of the Republic of Lithuania on Martial Law.
3. ‘Armed forces of a foreign state’ means the armed forces, groups and battalion-sized units (military units) organised by a foreign state and being under the command of a person responsible to that state for the actions of his or her subordinates.
4. ‘Occupation’ means the seizure and control of all or part of the territory of the Republic of Lithuania by the armed forces of a foreign state.
5. ‘Civil resistance’ means the activities of citizens of the Republic of Lithuania and their autonomously-acting formations in opposition to aggression and occupation.
6. ‘Civilian and military command of state defence’ means civilian and military officials elected or appointed in accordance with the Constitution and laws of the Republic of Lithuania who have the authority to exercise command of military operations and other defence actions of the Armed Forces, namely, the President of the Republic, the Minister of National Defence, and the Commander of the Armed Forces (Army).
7. ‘Command of national resistance’ means an institution(s) formed by representatives of the Nation in resistance in the event that the state authorities established under the Constitution of the Republic of Lithuania and the civilian and military command of state defence and its appointed officials are unable to act due to aggression or occupation, authorised to lead national resistance in accordance with the provisions of the Constitution and laws of the Republic of Lithuania, as well as the command of the Armed Forces authorised by the institution(s).
Article 3. Legal framework for armed defence and resistance to aggression
The legal framework for the armed defence of the Republic of Lithuania and its resistance to aggression shall be stipulated by the Constitution of the Republic of Lithuania, the Law on the Basics of National Security, this Law and other laws, as well as international treaties of the Republic of Lithuania and universally accepted norms of international law stipulating the inherent right of every state to individual or collective self-defence against an armed attack.
Article 4. Preparation for armed defence and resistance to aggression
1. Preparation for armed defence and resistance to aggression shall be governed by laws of the Republic of Lithuania and other legal acts.
Article 5. Commencement of armed defence and resistance to aggression
1. Actions of armed defence and resistance to aggression shall commence from the very beginning of an act of aggression.
2. The following actions by foreign states that represent a serious threat to the sovereignty, territorial integrity, or political independence of the Republic of Lithuania shall qualify as acts of aggression:
1) the invasion of, or attack on, the territory of the Republic of Lithuania by the armed forces of a foreign state, also any military occupation of the territory of the Republic of Lithuania or part thereof resulting from such an invasion or attack, however temporary, or any annexation of the territory of the Republic of Lithuania or part thereof by the use or threat of use of armed force;
2) bombardment of the territory of the Republic of Lithuania by the armed forces of a foreign state or the use of any other weapons against the territory of the Republic of Lithuania;
3) the blockade of the seaports or coasts of the Republic of Lithuania, also the blockade of its land territory or airspace;
4) an attack by the armed forces of a foreign state on the Lithuanian Land Force, the Lithuanian Navy, or the Lithuanian Air Force;
5) the use of the armed forces of a foreign state temporarily present in or transiting through the territory of the Republic of Lithuania under a permit issued in accordance with the procedure established by laws and other legal acts of the Republic of Lithuania, in contravention of the conditions established by the Republic of Lithuania;
6) actions of a foreign state in allowing a third state to use its territory for perpetrating an act of aggression against the Republic of Lithuania;
7) actions of a foreign state in supporting, sending or permitting to send armed bands, groups and irregulars or mercenaries which carry out acts of armed force against the Republic of Lithuania of such gravity as to amount to the acts of aggression listed in points 1-6 of paragraph 2 of this Article, also the involvement of the foreign state therein.
3. Acts of aggression shall also include actions by foreign states other than listed in paragraph 2 of this Article that represent a serious threat to the sovereignty, territorial integrity, or political independence of the Republic of Lithuania, as well as acts recognised as aggression by the United Nations Security Council in accordance with the Charter of the United Nations.
4. An attack on the Armed Forces of the Republic of Lithuania deployed abroad that does not represent a serious threat to the sovereignty, territorial integrity, or political independence of the Republic of Lithuania shall not be considered as aggression. Armed incidents of a local nature and violations of the State border that are not comparable in their nature to the acts of aggression listed in paragraph 2 of this Article shall neither be considered as acts of aggression. The procedure for adopting and implementing decisions on the use of the Armed Forces in response to such incidents and violations shall be established by the Statute on the Use of Military Force.
Article 6. Mandatory, total and unconditional nature of armed defence and resistance to aggression
1. In the event of aggression, the Republic of Lithuania must be defended by force of arms. According to the Constitution and laws, state institutions, the Armed Forces and each citizen must defend the independence of Lithuania, the integrity of its territory and its constitutional order.
2. In the event of aggression, the defence of the Republic of Lithuania and its resistance to the aggressor shall be total. The independence, territorial integrity, and constitutional order of Lithuania shall be defended by the Armed Forces of the State, all national resources shall be used for defence, and the Nation and every citizen shall resist by all means possible that are not prohibited by universally accepted norms of international law.
3. In the event of aggression, the armed defence of the Republic of Lithuania shall be unconditional. It may not be limited by the scale of aggression or by any other conditions. No one may restrict the right of the Nation and every citizen to resist the aggressor or the occupying power. Lithuania shall defend itself and resist aggression without waiting for the provision of international assistance.
Article 7. International assistance with armed defence and resistance to aggression
In exercising the right to collective self-defence against an armed attack, in the event of aggression, the Republic of Lithuania shall request from NATO and its members assistance with defence, as well as other international assistance.
Article 8. Reporting self-defence measures to the United Nations Security Council
In accordance with Article 51 of the Charter of the United Nations, the Republic of Lithuania shall immediately report to the United Nations Security Council measures taken in the exercise of its right to individual or collective self-defence against an armed attack.
Article 9. Command of armed defence and resistance to aggression
1. Actions of armed defence and resistance to aggression shall be led by the civilian and military command of state defence acting freely and legitimately or, in the event that it is unable to act, by the command of national resistance.
2. In the event of aggression, no state institution or official may adopt a decision or issue an order prohibiting defence against aggression. Such a decision or order shall be null and void and must not be executed.
3. In the event of an armed attack representing a threat to the sovereignty or territorial integrity of the State, the President of the Republic or, in accordance with the Constitution and laws, the Speaker of the Seimas, who deputises for him or her in the chain of command of the Armed Forces, shall immediately adopt a decision on defence against armed aggression in accordance with the procedure laid down in the second paragraph of Article 142 of the Constitution and submit it for approval at the next sitting of the Seimas. If no decision on defence against armed aggression is received immediately, the civilian and military command of state defence shall, in accordance with the procedure established by law, assign tasks to the Armed Forces to carry out defence operations and other actions. The commanders of the Army and other units of the Armed Forces shall immediately act in accordance with pre-prepared plans to repel the aggression.
4. If, in the event of aggression, an officer is unable to freely perform his or her duties or functions of state defence, as well as to transmit orders along the chain of command for defence operations, lower-ranking officers shall perform defence functions independently. Having lost contact with higher-ranking officers, the lower-ranking officers shall also have the right to independently perform the defence functions. In such cases, the orders and actions of these officers or commanders shall be deemed to be lawful.
Article 10. Authority in enemy-occupied territory
1. Only the Constitution and laws of the Republic of Lithuania, as well as international treaties of the Republic of Lithuania shall be valid in the territory of the Republic of Lithuania occupied by the enemy. The laws of the occupying state shall not be valid and shall not be binding.
2. The authority and occupation administration of the occupying state in the territory of the Republic of Lithuania occupied by the enemy shall be illegitimate. The legal acts and orders of the occupation administration shall not be binding on citizens and residents of the Republic of Lithuania.
3. The legitimate authority in the territory occupied by the enemy shall be the state authorities established in accordance with the Constitution of the Republic of Lithuania, the civilian and military command of state defence and their appointed officials or, in the event that they are unable to act, the command of national resistance and its appointed officials.
4. Justice in the territory of the Republic of Lithuania, including the enemy-occupied territory, shall be administered exclusively by the courts established in accordance with the procedure laid down in the Constitution and laws of the Republic of Lithuania.
5. Local self-government institutions operating in the territory of the Republic of Lithuania occupied by the enemy, also police officers and other state and local self-government officials and civil servants performing their functions in this territory who have not been assigned to the Armed Forces must obey the orders and instructions of the civilian and military command of the Republic of Lithuania or, in the event that it is unable to act, with the orders and instructions of the command of national resistance.
6. In the territory of the Republic of Lithuania occupied by the enemy, local self-government institutions shall cease their activities if they are unable to perform their functions as stipulated by laws of the Republic of Lithuania, or are forced to assist the occupying state in fighting against the Armed Forces of the Republic of Lithuania or civil resistance to aggression, also to assist the occupation administration in applying measures aimed at exploiting the population of the occupied territory for military purposes and for the guarding of military equipment.
7. Officers of the police, civil protection, fire and rescue institutions, and the penal system who have not been assigned to the Armed Forces shall continue performing their functions stipulated by laws of the Republic of Lithuania in the territory of the Republic of Lithuania occupied by the enemy. These officers must cease their activities if they are forced by the occupation administration to assist in the fight against the Armed Forces of the Republic of Lithuania or against civil resistance to aggression, to participate in actions against participants in armed defence and resistance to aggression or to assist the occupation administration in applying measures aimed at exploiting the population of the occupied territory for military purposes and for the guarding of military equipment.
Article 11. Prohibition of collaboration
All citizens of the Republic of Lithuania shall be prohibited from collaborating with the enemy or the administration established by it. Persons guilty of collaboration shall be held criminally liable under laws of the Republic of Lithuania.
Article 12. Civil resistance
1. The Armed Forces and citizens of the Republic of Lithuania may resist aggression by all available means not prohibited by universally accepted norms of international law, namely, military defence, guerrilla warfare, civil disobedience, and other means. From the very beginning of aggression or occupation, acts of disobedience by citizens of the Republic of Lithuania and civil resistance as well as their armed resistance to the aggressor or the occupying power shall be lawful.
2. Citizens of the Republic of Lithuania and other persons in the occupied territory of the Republic of Lithuania must not cooperate with or assist the occupation administration in performing tasks other than assigned by the Republic of Lithuania. The prohibition on cooperation with the occupying administration shall not apply when such cooperation is necessary to save the health or lives of the population of the occupied territory, to satisfy their basic vital needs, to provide assistance to the wounded and sick, prisoners of war or persons held captive by the enemy.
Article 13. Compliance with norms of international humanitarian law
Participants in armed defence and civil resistance must comply with the universally accepted norms of international humanitarian law.
Article 14. End of armed defence and resistance to aggression
Armed defence and resistance to aggression shall end after the aggression has been repelled and has ceased. The end of armed defence and resistance to aggression shall be declared by the legitimate and freely acting civilian and military command of state defence or, in the event that it is unable to act, by the freely acting command of national resistance.
Article 15. Liability for infringements of this Law
Liability for infringements of this Law shall be stipulated by laws of the Republic of Lithuania.
Article 16. Claim for compensation for damage caused by aggression
Acting in accordance with universally accepted norms of international law governing the responsibility of states, the Republic of Lithuania shall require that the state(s) responsible for aggression compensate the State of Lithuania, its citizens, and residents for the damage caused by the aggression.
I promulgate this Law passed by the Seimas of the Republic of Lithuania.