The fact that we are being ruled by criminals (security officers are not just camorra but something even worse because they are zombies crawled out from the graves of Soviet Union) is not that frightening as the fact that they are losers and unprofessional persons. War with Georgia is not only a crime, but also a big mistake. I can explain the behaviour of Putin and Medvedev with the following phrase: "The Roof is sliding slowly while slates rustling silently". "What are we fighting for?" The answer to this could be: "I have left my hut and have gone to fight with Georgia to deliver their land to security officers. Farewell my relatives, farewell my friends! Lubianka, Lubianka, my Lubianka!"
Mikheil Saakashvili has been skilfully provoked and he got involved in the conflict and was forced to hit Tskhinvali. Not having done so, sarcastic Georgian opposition would wipe him out as once it happened to Zviad Gamsakhurdia who tried to prevent "Mkhedrioni" and other groups to rob Samachablo, that is South Ossetia. He has given to Abkhazia status of being part of confederation. Georgian parliament disagreed. And for support of Abkhazia, after Shevardnadze had let his army enter Abkhazia, both Zviad and his parliament were already expelled by militarists to Chechnya. He had been excluded from Georgian people by Georgia's Union of Citizens. And among present opposition leaders there are such people, who directly called to declare war against Russia. Giving them power would mean only to approach a disaster and probably nuclear Armageddon.
It was too long that Russian "peacekeepers" unleashed war in South Ossetia in order to launch it. Russian aviation heartily shelled Georgian villages just outside Samachablo (South Ossetia) so that Georgian President could not to be set under this war. Uncovered annexation of Samachablo (South Ossetia) by Russia would mean total madness. But it was not enough for Putin. Immediately after, a command was given to Abkhazians, who have lost their dignity and pride a long time ago and have become mercenaries for Russia to occupy Kodori Gorge together with Pankisi.
When Refugees are crying from the screen: "Help South Ossetia!" – Some can sympathy them, but when you hear the voices from the crowd of poor Ossetians: "Help Abkhazia!" (And who else? Transnistria? ) – one starting to think about mob.
Consequently, grabbed chekists' paws wanted to grab also Abkhazia, and not only Abkhazia. Russian troops entered Georgia, the bombings of Gori, Senaki, Poti and Tbilisi Airport (the locator is destructed and only old Georgian pilots are risking to take off and land). In the port of Poti, which is under leasing of Arab Sheikh for 95 years (and moreover, we will be sued by him on the international level) there were not Military vessels. Have been bombed the pipeline from which oil goes evading Russia. Bandits' troops, bandits' country. "Guys" have built everybody and decided that it will be the same everywhere.
At the UN Churkin states the purpose of Russia: to get rid of Saakashvili. Lately, the world heard about that very thing from father-Jesuits in XVI century. Annihilation of "impious prince". Religious fanatics have killed Henry III and Henry IV. Since then, people were killed but secretly. Well, Kremlin has decided to write its own "Mein Kampf"? Or have they all smoldered there? Ownerless columns of tanks with Cossacks, "volunteers" and other marauding rubbish gad about Georgia. What are Russian tanks doing in Gori? Gathering weapon? Or mushrooms and empty bottles?
Artificially created Russian citizens and war, launched as though to protect them – this is an ordinary fascism. And if not America... It seems, that George Bush at last has understood, what kind of cunning person has West supported, that is why now decisively supports Georgia and goes against Russia. The powerful hand of USA has laid down on a bowl of freedom and on the western values. Humanitarian aid on the vessels of Naval Forces and planes of Air Forces of USA is an attempt to stop the war. While the earth still turns around, it is not necessary to use nuclear potential yet. John McCain writes articles as a Russian dissident. Presidents of Poland, Ukraine, Estonia, Lithuania and the Prime Minister of Latvia hold a rally, hand in hand, as on the Maidan in Kiev.
No one supported us except Cuba and patented tyrant Lukashenko. We were thrown out from G8 and from the civilized world into a dug hole of outcast. Yes, if South Ossetia and Abkhazia simply wished the secession, no one would protect Saakashvili. The rights of people are above the rights of state. But they do not seek for freedom but for profitable slavery; have not obtained their own passports and received Russian passports. They are just collaborators, not insurgents. Only USA can rescue Georgian people and Russian recruits from mutual destruction. I'm afraid, nobody will rescue Russia. We'll be cursed and rejected by mankind.
Georgian and Russian authorities should take urgent measures to protect the civilian population in Georgian villages from unexploded ordnance left by Russian attacks, Human Rights Watch said today. Human Rights Watch researchers documented additional Russian cluster munitions attacks during the conflict in Georgia, refuting Russia's earlier denials that it used the weapon. Human Rights Watch researchers saw and photographed unexploded submunitions from cluster munitions in and around the villages of Shindisi, in the Gori district of Georgia. Residents from Shindisi and the nearby Pkhvenisi village told Human Rights Watch researchers there are hundreds of unexploded submunitions in the area. Submunition "duds" are highly dangerous and can explode if picked up or otherwise disturbed.
Human Rights Watch called upon Russia to immediately stop using cluster munitions, weapons so dangerous to civilians that more than 100 nations have agreed to ban their use.
Zura Tatrishvili, 62, showed Human Rights Watch researchers an unexploded submunition that he had picked up without realizing that just touching it could make it explode. "We were playing with them, as were the Georgian soldiers," said Tatrishvili. "It was only when one of the bombs exploded after a soldier threw it that we understood that they were dangerous." Even now, Tatrishvili continues to keep his livestock in a pen with unexploded submunitions, demonstrating the need for clearance as well as education.
During the attack on August 8 in Shindisi, Vano Gogidze, 45, was killed and his relative, Dato Gogidze, 39, was injured. Also in Shindisi, Ramaz Arabashvili, 40, was killed and four people were wounded when a submunition that they had gathered from a field exploded on August 10. On August 18, in Pkhvenisi, Veliko Bedianashvili, 70, died when a submunition exploded in his hand. "There are so many of these lying around. The fields are full of them," said his son, Durmiskhan Bedianashvili.
Cluster munitions contain dozens or hundreds of smaller submunitions or bomblets and cause unacceptable humanitarian harm in two ways. First, their broad-area effect kills and injures civilians indiscriminately during strikes. Second, many submunitions do not explode, becoming de facto landmines that cause civilian casualties for months or years to come.
THE ARTICLE SEE YOU HERE http://www.alertnet.org/thenews/newsdesk/HRW/ff8d2d925b55f0975913a03cb70eefd6.htm AN HERE http://www.google.nl/search?client=firefox-a&rls=org.mozilla%3Aen-US%3Aofficial&channel=s&hl=nl&q=CLUSTER+BOMBS+GEORGIA&meta=&btnG=Google+zoeken CLUSTER BOMBS USED IN GEORGIA! MORE ARTICLES
SPREAD THIS INFORMATION !!!!!!!!! TODAY MUST BE DONE EVREYTHING TO PREVENT MORE CASUALTIES!!!!!!!!!!!!!!!!!!
CLUSTER BOMBS AND ALSO GRANADES ARE LEFT EVEYWHERE ON THE TERRITORY OF GEORGIA! THAT CAN EXPLODE ANY MOMENT IF PUCKED UP, CHILDERN IN DANGER !!!!! DO SOMETHING
An IWPR journalist, allowed into Gori on a Russian tank, witnesses exultant pro-Moscow fighters rampaging through the blazing city.
By Idrak Abbasov in Gori (CRS No. 454, 14-Aug-08)
"The Georgians have to understand that we're not afraid of [United States President] Bush….threatening us with his marines and paratroopers," insisted the Russian soldier who called himself a commander, tank captain and a member of what he says are Russia's peacekeeping troops.
His tank was standing outside the Georgian town of Gori.
Russian president Dmitry Medvedev announced on August 12 that what he described as a peace enforcement mission in Georgia had ended. But Russian troops, assisted by North Caucasian irregular militias, have continued to rampage through Georgian territory.
On August 15, there were reports that the Russian military remained in the Black Sea port of Poti, the western town of Senaki and the central town of Gori.
The previous day, I was able to get into Gori and saw terrifying scenes of exultant pro-Russian fighters rampaging through a city apparently empty of civilians.
I got in quite by chance. A Russian tank commander I spoke to befriended me because we both come from the same city, the Azerbaijani capital, Baku.
That afternoon, I took my chances walking past the last Georgian roadblock on the road to Gori. I was stopped by Russian soldiers and brought to their commander.
The commander checked my documents and learning that I was from Baku said he was born there himself. He returned me my documents and my camera and told the soldiers, "Don't touch him, he's my compatriot."
The officer asked me about Baku, how life was there and how the city had changed.
Then he escorted me into Gori on his tank and warned not to wander off.
The city was burning and the firing was continuous. There were lots of Russian soldiers there and even more irregular fighters with white armbands.
I was told that soldiers had been brought here from Chechnya. There were fighters of several Caucasian nationalities. I didn't see a single civilian. All around was smoke and the smell of gunfire. Everyone was celebrating victory, congratulating one another and asking each other loudly when they should advance.
My mobile phone rang. My editor was calling from Baku. Because of the non-stop firing and rumble of tanks, I couldn't hear anything and I moved away from my protectors in the tank by 20 or 25 metres to talk to him. I sheltered in some bushes and began to talk to my editor.
At that moment, some men with white armbands seized my phone. They threw me on the ground and levelled their guns at me and shouted, "Who are you? Whose side are you on?"
I was saved by my minder from Baku who arrived on the scene and told them that I was "one of us". A few seconds later and it might have been too late.
After that I was released, my attackers turned friendly, returned my phone and even asked to borrow it to call home. They thanked me by treating me to Pepsi and giving me cigarettes and a lighter.
One of them was a well-built tall North Caucasian in his thirties with white armbands on both arms. He was unshaven and unwashed and spoke with a strong accent. He told me, "The Georgians say we are raping women in Gori – but there aren't any here! If they had been here, we'd have done it with pleasure!"
Then my new friend from Baku took me back out of the town on his tank to the road back to Tbilisi.
My attempts to reach the city had begun the day before. You could hear shooting coming from there and it was hard to get access to the town.
Around midnight that night Georgia's security council said that the road to Gori was now open. The next morning I decided to try again.
The road into the town was closed and Georgian soldiers advised journalists not to go any further. But we took the decision to try and see with our own eyes what was going on.
Gori is only 70 kilometres from Tbilisi in the centre of Georgia. On the road north out of the capital, we saw Georgian police and soldiers but armed only with automatic weapons and without any heavy weaponry. I counted 12 Georgian checkpoints.
The last Georgian post was three km from Gori. On the morning of August 14, the road was opened for a short time and journalists and international officials from the OSCE and UNHCR were allowed through.
Near the entrance to the town stood Russian tanks and armoured vehicles and artillery. Nearby were burnt Georgian armoured vehicles and tanks.
Suddenly a burst of firing came from the direction of the town and everyone on the road ran in panic.
A few minutes later, journalists regrouped and gathered again 10 to 15 km from the entrance of the town.
Not a sound could be heard from the town. Journalists began to talk to the Russian soldiers.
Then three Niva vans came out of Gori, full of armed men with white armbands. They got out of the cars and ran towards the journalists, firing several shots in the air and even some at the journalists.
Journalists began to run again. The militiamen stole three of the journalists' cars. Tamar Urushadze, a correspondent for Georgian public television, had been talking live on air and was lightly wounded in the arm.
The people in the UNHCR vehicles also ran away and hid in the wood not far away.
All this happened in full view of the Russian soldiers who had introduced themselves as peacekeepers.
A few minutes later, remembering their peacekeeping role, the Russian soldiers did finally intervene and stop the irregulars with white armbands stealing the UN vehicles.
About an hour later, the Niva belonging to Imedi television channel was completely wrecked.
Then everything was quiet for two hours.
Around 4 pm, a group of Russian armoured vehicles suddenly moved out of Gori in the direction of Tbilisi, unimpeded by the Georgian military, which let them pass its checkpoints. Then, after passing several roadblocks, the vehicles suddenly stopped and went back in the direction of Gori.
Later, IWPR was told by the Russian military that this sortie had been specially planned to provoke a Georgian attack.
One Russian armoured vehicle broke down 150 metres away from their post. Journalists went up and began to ask questions. The Russian soldiers swore at them. Several of the Georgian women journalists answered back, saying, "What are you doing on Georgian territory, what do you need here? Go away, leave us in peace." Then the Russian soldiers pointed their weapons at them, swore and shouted, "If you don't go away and shut up, we'll open fire."
Around 5 pm, five Georgian police cars came up to the Russian roadblock and negotiated for a humanitarian corridor to be opened up to Gori. Journalists listened in on the conversation and asked for permission to carry on. "We cannot guarantee your safety," said one soldier.
The Russians said that they did not control the town and there were irregular fighters there from Abkhazia and Ossetia. One Russian officer said that the Abkhaz and Ossetians were taking revenge on the Georgians. "They are doing just what you did in Tskhinvali and we cannot stop them," he said.
What I saw in Gori confirmed that.
Idrak is a journalist with the Azerbaijani newspaper Ayna and a member of IWPR's Cross Caucasus Journalism Network.
8 August 2008 Russia claiming "the protection of its citizens", started aggression against Georgia in S. Ocetia.
According to "СМИ" Russian military aviation bombed Gori. According to Georgian officials Russian Airplanes bombed Poti, Senaki and Tskhinvali. Russian "СМИ" stated that paratroopers "РФ" were deployed in Tskhinvali.
August 8, in the evening on UN Security Council session Russian ambassador Vitali Churkin admitted the fact that Russians were bombing Georgian Teritory. At the beginning of the Russian Agression in Georgia Russia strengthened anti-Georgian propaganda. Russian media was talking only about Georgian military activities in s. Osetia, however they were silent about shooting and bombing Georgian villages by the regime of Eduard Kokoiti. On august 8 Georgian governmental web-pages and the web-page of Rustavi 2 (Georgian broadcasting company) were hacked.
On August 8 International Society Мемориал discussed the advance of Georgian military forces in Tskhinvali which has been characterized by Georgian officials as "constitutional way for establishing peace" (http://www.memo.ru/2008/08/08/0808081.htm) but whatever is happening in Georgia, Russia doesn't have a right of using military force in foreign territory. The status of Russian peace-keepers in Georgia is defined by intergovernmental agreements. Russia has lost the moral right for conducting the peace keeping mission in Abkhazia and S. Ossetia when Russian government has provoked the conflicts and was supporting the separatists. And as Russian troops have bombed and invaded Georgian territory way beyond than S. Ossetia, Russia became a part of the conflict.
President Medvedev stated that he has an obligation to protect the lives of Russian citizens despite of their location. However as it is reaffirmed in United Nations General Assembly Resolution of 14 December 1974 Definition of Aggression article 5.1 "No consideration of whatever nature, whether political, economic, military or otherwise, may serve as a justification for aggression." As in 1938 Nazi Germany justified the invasion of Czecho-slovakian territory by protecting the interests of German population there.
The historical experience has showed that the intervention of our country in foreign business is unavoidable. Contrary to statements for "help" — leads to incalculable troubles. In 1979 Soviet government sent the troops to Sovereign Afganistan under a pretext of «rendering of the brotherly help » Hundred thousand residents of the country became victims of the Soviet Army. Today a "chekist-official" group which governs Russia – predecessor of Soviet government has commited the aggression against independent Georgia.
Incursion into Afghanistan has led to that in this country many years do not stop large-scale violence and infringement of the rights of citizens, wars continually flash. Historical development of Afghanistan has turned From the secular state it has turned in theocratic. Actions of the Soviet management have led to sharp growth of popularity of Islamic fundamentalism not only in Afghanistan, but also in Pakistan and the Arabian countries. (let us recall an alliance of "Taliban" and Alqaida.)
If the international community will not stop the Russian aggression and if Georgia, carrying out the legitimate right for self-defense, cannot reflect it, Russia can grasp not only former ¯S. Ossetian autonomous region, but also other parts of Georgia. And in fact many irresponsible Russian politicians declare claims on kremlin.
We demand the immediate termination of aggression against Georgia.
We consider, that a management of Russia, having put one more bloody spot on reputation of the country, has made finally unacceptable from the moral point of view its stay in « big 8"
We call General Assembly of the United Nations, the Organization on safety and cooperation in the Europe, Parliamentary assembly of the Council of Europe and other international institutes to consider the problem on actions of the Russian management against Georgia.
Sergey Kovalev, chairman of the Russian society "Memorial", chairman of Fund of a name A.D.Saharova
Dmitry Belomestnov, the journalist, Moscow
Stanislav Dmitrievsky (Nizhni Novgorod), chairman of the Society of the Russian-Chechen friendship
Tatyana Monahova, human rights defender, Moscow
Elena Maglevannaja, the proof-reader, Volgograd
Michael Kriger, chairman of Committee of anti-war actions, Moscow
Ivan Simochkin, youth movement "Defense", Moscow
Alexey Manannikov, the president Siberian inter-regional правозащитного fund " Vena-89 ", Novosibirsk
Edward Glezin, the coordinator of the Russian youth movement «abarona" Moscow
Anton Chezhidov, active worker НДСМ
Dmitry Shusharin, the historian and the journalist
Igor Drandin, РНДС
Vladimir Shaklein, the Inter-regional center of human rights — Ural branch OOD « For human rights »
Vladimir Sirotin, the left socialist
Larissa Volodimerova, the legal expert (and also the writer and the publicist), Holland, and its human rights defender the organization "Fund " Марекса ""
Lev Ponomarev, executive director of the All-Russian social movement « For human rights »
Vladimir Panteleev, the political prisoner in 1970–76, the invalid of 2 groups after political represion, chairman of board of the Nizhniy Novgorod society of victims of communistic terror, Nizhni Novgorod
Sergey Sorokin, chairman of Movement against violence, Moscow
Anna Mikhailina
Felix Balonov, the candidate of historical sciences, St.-Petersburg
Dmitry Vorobevsky, the editor of the newspaper "Sedition", member of the Democratic Union, Voronezh
Valentine Schulman, the doctor, Moscow
Raisa Grishechkina, Rostov-ON-Don
Alexey Skripkin, the programmer, Kostroma
Alexey yarema, the head of Group the ЭРА, St.-Petersburg
Olga Mamay, the teacher, Moscow
Ekaterina Vorobeva, the historian-archivist, Moscow
Leonid Litinsky, the mathematician, Troitsk.
Elena Ryabinin, the employee of Committee « Civil assistance », Moscow
Suren Edigavov, Moscow
Andrey Zhelonkin, the journalist, Saransk
Natalia Gorbanevskaja, human rights defender, the participant taken place on August, 25th, 1968 on the Red area in Moscow manifestations of protest against intrusion of the Soviet armies into Czechoslovakia
Victor Fajnberg, the legal expert, the participant taken place on August, 25th, 1968 on the Red area in Moscow manifestations of protest against intrusion of the Soviet armies into Czechoslovakia
Galia Koinash, Kharkov human rights group
Oksana Chelysheva, Nizhni Novgorod
Elena Mikhaylovskaya, the housewife, Kharkov, Ukraine
RESPONSE TO MR. IVANOV’S INTERVIEW ON CNN OF AUGUST 11, 2008
Note: This paper represents a response to the interview of the Deputy Prime-Minister of the Russian Federation Mr. Ivanov. Cynical tenor of the interview demonstrated a clear misinterpretation and disregard of internationally recognized norms and practices in international law. The current legal stand taken by the Russian Federation sets an extremely dangerous precedent and imperils progressive development and proper application of international law at the same time running counter to the sole and spirit of international legal order. The paper was prepared by group of students and does not in any way reflect the official position of the Government of Georgia.
Tbilisi, August 12, 2008
I.Introduction
On 11 August 2008, Deputy Prime-Minister of the Russian Federation gave a televised interview on CNN during which he accused Georgia of genocide and claimed that the Russian Federation was carrying out a peace-enforcement operation and was protecting its nationals. It is clear that the submissions of Mr. Ivanov are based on misinterpretation of facts as well as erroneous legal arguments. The speech was intended to be a propaganda aimed at misleading the international community and disguise an apparent fact of aggression against Georgia which stands as clear retaliation for Georgia’s aspiration for sovereignty, democracy and western values. This paper tries to respond to unjustified arguments put forward by Mr. Ivanov and unmask the act of aggression on the part of the Russian Federation that is still ongoing at the time of writing.
II.Georgia Was Acting Pursuant to its Right of Self-defense as Proclaimed by the UN Charter and Customary International Law
Mr. Ivanov, with a bright smile on his face, accused Georgia of conducting attack against South Ossetia and the Russian Federation. The facts on ground document an opposite. It should be mentioned at the outset that South Ossetia has historically been an integral part of the Georgian territory as recognized by the international community. The territory has however been under de facto control of separatists backed by the Russian Federation. From early July onwards Georgian villages, official forces and peacekeepers were under constant and intensive attack from the separatist forces. The separatists used fire-arms, grenades, tanks, artillery as well as different types of mines against the officials of the Government of Georgia as well as peaceful population. Kidnapping of the officers of the Ministry of Internal Affairs of Georgia has been a widespread occurrence as well. Dozens of casualties were reported among the peaceful population.
The Russian Federation was actively supporting separatists by armed supplies, trainings, logistic, etc. The Russian Officials held highest governmental posts in self-proclaimed government of South Ossetia. As a result, the support provided by the Russian peacekeepers to carry out attacks on Georgian police and civilian population in the conflict zone clearly qualifies as “substantial involvement” within the meaning of the famous holding of Nicaragua. Hence, Russian Federation is directly implicated in the above-mentioned attacks on the Georgian villages. Consequently, the only available measure for Georgia was to invoke its right of individual self-defense under Article 51 of the UN Charter. Thus the military attack on Georgian civilian population, police forces and Georgian peacekeepers in Tskhinvali region unequivocally falls within concept of armed attack as proclaimed by the ICJ in the Iranian Oil Platforms as well as in Congocase. The factual circumstances further suggest continuous nature of the attack against Georgia’s territorial integrity and political independence. The use of force by Georgia met the standard of “necessity” and “last resort” since it was carried out only after the public call for peace and cooperation by the President of Georgia. In particular, on the eve of 8 August 2008, President of Georgia Mikhael Saakashvili in his televised speech addressed the nation, the people of Tskhinvali Region, separatist de facto authorities, the Russian Federation and international community at large to help putting an end to the ongoing violence. Moreover, the President reiterated desire of Georgian state of peaceful resolution of the conflict with full protection of the interest of ethnic Ossetians and expressed readiness to have the meeting in any format to start the dialogue. Earlier, the Minister of Reintegration of Georgia Mr. Temur Iakobashvili went to Tskhinvali to meet personally the Chief Negotiator Chochiev (South Ossetian de facto authority) and the commander of the Russian peacekeeping forces General Kulakhmetov.
In the morning of 8 August 2008, President Saakashvili called upon Russian Federation to withdraw its officials serving in the Tskhinvali separatist government (i.e. V. Lunev – Minister of Defense; M. Mindzaev – Interior Minister; A. Barnkevich – Secretary of Security Council; I Morozov – Prime Minister) and let the situation stabilize. Despite the call on peace and cooperation made at the highest political level of the Georgian government, the armed attacks against Georgian villages continued. The de facto President, Eduard Kokoiti officially declared war against Georgia in the afternoon of 8 August 2008. Kokoiti’s declaration of war as well as the attacks in question resulted from the activity of the Russian peacekeepers in the region being under exclusive and direct command of the Russian Federation.Stemming from the above-mentioned, Georgia had no other means but to resort to armed force with a view to repelling the armed attacks against it. Hence, resort to military force in the face of real and immediate threat to the survival of the nation was clearly legitimate, as well as implemented in full compliance with international law.
III.Claim that Georgia Committed Genocide and Ethnic Cleansing Is without Factual and Legal Arguments and Is Put Forward as a Means to Downplay the Act of Aggression Committed by the Russian Federation
The accusation by Mr. Ivanov that Georgian forces committed genocide and ethnic cleansing is a total lie aimed at misleading the international community. It must be noted as a preliminary matter that it was the Georgian population that was subjected to ethnic cleansing in South Ossetia in early nineties. This act was carried out by the separatist forces with the support of the Russian Federation and gave rise to thousands of displacements from South Ossetian region. The response from Georgian armed forces was fully in line with the requirements of laws of war, namely the fundamental principle of distinction and proportionality. Thus, the fire was used exclusively against military objects, while resulting civilian casualties was limited to military necessity and proportionate to the military advantage sought to be achieved.
It must be also mentioned that the actions of the Georgian government in South Ossetia were not motivated by special intention to “destroy in whole or in part” a specific ethnic group which is necessary to qualify an act of genocide, but rather the necessity to protect the Georgian population of the conflict zone from the attacks of the separatists. It can be confirmed by the efforts of the Georgian government to resolve the conflict with separatists by peaceful means during the recent period. Georgian forces launched the operation in the region only in response to the prior attacks by the separatists against Georgian villages within the conflict zone. The clearest indication of the preference of the Georgian government to solve the conflict through peaceful negotiations has been the statement of the President Saakashvili on 7 August 2008 before the above mentioned operation was launched, ordering Georgian forces to cease fire and urging separatists to engage in peace talks for the resolution of the conflict, promising amnesty for crimes possibly committed. On August 8, after launching the offensive, Georgia declared a three-hour cease-fire to allow civilians to leave Tskhinvali by creating a humanitarian corridor. Besides, the Georgian government expressed its willingness to accept internally displaced persons on its territory and provide necessary humanitarian assistance. These factors serve as a clear indication that the actions of the Georgian government were never aimed at the destruction of ethnic Ossetian as such.
It should be also mentioned that the complex actions taken by the Government of Georgia over the years in the conflict region is an apparent proof to the fact that Georgia has never had any genocidal intents toward ethnic Ossetians. Over the years large part of ethnic Ossetians have been under the jurisdiction of Georgia. The President of Georgia ordered the creation of Temporary Administration for Southern Ossetia which was exclusively staffed by ethnic Ossetians, all the necessary measures have been created for ethnic Ossetians to maintain their cultural and ethnic identity, schools, kinder gardens, etc.
Thus the accusations of Mr. Ivanov is far from truth and is part of dirty propaganda to and used as a pretext to justify aggressive actions on the part of the Russian Federation.
As for today it the troops of the Russian Federation that are carrying out the policy of ethnic cleansing in the villages of conflict region. Arbitrary killings of ethnic Georgians are carried out on mass scale. Modern type concentration camps are set up and the civilians are subjected to killings and inhuman treatment.
IV.The Claims of the Russian Federation Carrying Out Peace-enforcement Operation and Protection of Citizens of the Russian Federation is without any Legal Grounds and Constitutes an Apparent Act of Aggression
According to Mr Ivanov, the aim of Russian forces is enforcement of peace and protection of the rights of Russian citizens and for this purpose they target only military objectives.
(i) Peace-enforcement: From the perspective of the legality of the use of force, it is necessary to underline the arguable validity of justification advanced by the Russian Federation for the use of force against Georgia, i.e. peace-enforcement lacks an independent basis under the international legal framework. There are only two justifications for the use of force under the UN Charter framework: self-defense under Article 51 and Chapter VII enforcement measures. Even if this pretext is viewed within the ambit of the right of self-defense, it would not satisfy the requirements for the exercise of this right, i.e. presence of the “armed attack” as well as necessity and proportionality of response to such an attack. It is questionable whether the actions of the Georgian forces within South Ossetia which is the part of the territory of Georgia and not the Russian Federation would qualify as an armed attack against the Russian Federation.
Further, it is to be underlined that Russian fighter jets have targeted not only military objectives but also civilian objects, in violation of one of the cardinal principles of the international humanitarian law, the principle of distinction, aimed at distinguishing between these two categories of objectives and protecting civilian population. Even if one accepts that the purpose of the Russian forces is to enforce peace, this goal can hardly be achieved by targeting civilian population.
Ivanov denied that Russian troops were going far beyond the conflict zones, noting that they did not cross the administrative border between South Ossetia and Georgia. In fact, that Russian forces are not satisfied by the withdrawal of Georgian troops from the conflict zone of South Ossetia. On 9 August 2008 the President of Georgia declared cease-fire and Georgian forces left the territory of South Ossettia. Despite this Russian forces have occupied large parts of the Georgian territory and are carrying out massive bombings of Georgian cities throughout the country far from the conflict region. Cities of Poti, Kareli, Kaspi were subjected to intensive bombings despite the formal declaration of cease-fire from the President of the Russian Federation.
As for the parallels to the NATO bombing of Belgrade, first of all, this case significantly differs from the situation in Georgia, by the actions of the respective central government and the breakaway region as well as the scale of the humanitarian catastrophe that served as a ground for intervention and the presence of the Security Council prior reactions to that situation, calling on Yugoslavia to stop its actions.
(ii) Protection of national abroad: Russia cannot justify its use of force against Georgian state in pretext of the protection of its nationals abroad. Russia has been threatening Georgia to use force “for the protection of its nationals” in the Georgian two breakaway regions of Abkhazia and Tskhinvali. First and foremost, it is a separate violation of the international law (interference of domestic affairs prescribed by Article 2(7) of the UN Charter) by Russia to grant Russian passport of the people in the separatist regions for the sole purpose of artificial change of the composition of population. Russia cannot legally claim right to diplomatic protection over those persons, since despite the Russian internal legal regulations on citizenship the people residing in the Tskinvali Region have no genuine link with the Russian Federation that has been established to be necessary in order to exercise diplomatic protection over individuals as defined by the ICJ in the Nottebohm case (Lichtenstein v. Guatemala).
Moreover, international law does not recognize the legality of use of force for the protection of the “nationals abroad.” The ILC in its First Report on Diplomatic Protection of 2000, approved by the General Assembly by its resolution, emphasized that the state practice in combination with the prohibition of use of force under Article 2(4) of the UN Charter outlaws use of force under the pretexts of diplomatic protection. The only exception to this provision, permitting the unilateral use of force by States, is Article 51, which deals with the right of self-defense. The illegality of Russia’s possible invocation of the right to self-defense is discussed above.
Thus, any use of force by the Russian Federation against Georgia can only be categorized as an illegal armed reprisal, which is clearly prohibited under international law, inter alia, by the GA Resolution 2625 on Friendly Relations and Cooperation among Nations, by the ICJ in Nicaragua case in the Advisory Opinion on the Legality of Threat or Use of Nuclear Weapons and Article 50(1)(a) of the ILC Articles of State Responsibility. Moreover, Russia’s actions goes beyond the illegal armed reprisal and meets the standards of the international wrongful act of aggressionas understood under the international law. Therefore, Russia should bear international legal responsibility for the measures taken against Georgia.
