Human Rights Issues in Eurasia / Правовые Вопросы В Регионах Евразии

UN Court Rejects Georgia Case Against Russia Over War

Posted by Info on 01/04/2011

In a 10-6 vote of judges from the The International Court of JusticeI in The Hague upheld Russia’s argument that the court did not have jurisdiction to examine the Georgian complaint, because the two sides had not tried to resolve the dispute through negotiations.

Georgia said Russia and the rebels had used ethnic violence against Georgians in Abkhazia and South Ossetia and therefore Russia had violated the International Convention on the Elimination of All Forms of Racial Discrimination (CERD).
Russia took control of the two Georgian regions in a brief war in August 2008.
Thousands of ethnic Georgians fled the regions during the conflict and many remain internally displaced in Georgia.

“The court has simply ruled that, due to a procedural technicality… the proceedings will not immediately lead to further consideration of the merits of the case against Russia. However, the court has left open the possibility that the case can proceed once the formal conditions for the exercise of jurisdiction by the court, as required by the 1965 convention, have been met.”a government statement said.

In September 2009 an EU-sponsored report said both sides had violated international law. It found that Georgia had attacked the Russian-backed South Ossetian rebels, triggering the war, after months of provocation.

Toward the end of a five-day war in 2008, Georgia filed a complaint that Russian authorities and militias allied to Moscow murdered thousands of ethnic Georgians and displaced some 300,000 people in a two-decade campaign of discrimination in South Ossetia and Abkhazia.

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