I cannot forecast to you the action of Russia. It is a riddle wrapped in a mystery inside an enigma. Winston Churchill
Showing posts with label saakashvili. Show all posts
Showing posts with label saakashvili. Show all posts

Sep 25, 2009

Mikheil Saakashsvili, President of Georgia at 64th Session of the United Nations General Assembly, NY, 24.09.2009

H.E. Mikheil Saakashsvili, President of Georgia 64th Session of the United Nations General Assembly New York, September 24, 2009
Mr. President, Excellencies, Distinguished Delegates.
I would like to thank you for the opportunity to address the 64th annual general debate
of the United Nations.
Each year we gather here to confront our common challenges and to express our
vision for the world we share — the world for which we are common stewards.
And each year we promise to do more - to do better - to live up to and defend the
principles enshrined in the UN Charter.
We meet this year on the 20th anniversary of one of the most successful triumphs of
those principles.
Twenty years have passed since Europe - and the rest of the world - was liberated
from one of the cruelest episodes in modern history.
The fall of the Berlin Wall brought to an end an artificial line that separated nations,
divided families, strangled freedom, and imprisoned millions.
Remarkably, that formidable wall crumbled without a single shot being fired.
It yielded to the will of those millions who yearned for liberty and it yielded to the
determination of a united West.
Twenty years ago, a universally feared military force was defeated by the force of a
universal truth - the call for freedom and the simple desire to live a dignified life.
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When the Berlin Wall was dismantled 20 years ago, it did more than free the captive
nations of the Warsaw Pact.
It unleashed the hopes, dreams, aspirations and talents of millions of citizens living
under the tyranny of the Soviet Union - including my own nation's people.
Today, these citizens make up more than a dozen diverse nations, linked together by
common desires and ambitions to live in a world free from spheres of influence - free
from external control - able to choose their own destiny.
Today, as we look back at this historic chapter, and the impact it has had on our
world, we can rightly be proud of what was achieved - of the tremendous progress
made, and the prosperity that a lasting peace has brought.
But if we are to evaluate the past honestly, we must admit our present remains
bittersweet.
For there is a real danger that rather than building on this great chapter of idealism
and progress, states and leaders will allow a return of the dull complacency and
cynical power politics that led to so many of the worst moments of the past 100 years.
And the moment is bittersweet because, regrettably, not everyone drew the same
lessons of hope and inspiration when that Wall came down.
Indeed, 20 years ago, when freedom's spirit swept that wall away, few imagined the
repression and threats it represented would so soon re-appear, and that the hopes
unleashed in 1989 would so quickly founder.
Yet today, a Europe that is whole, free, and at peace remains a goal still to be
achieved - a project not yet accomplished, and a challenge, unfortunately, unmet.
Today, I stand before you as the democratically elected leader of a proud and
sovereign nation.
But, tragically, Georgia today, like Germany a generation ago, is a nation with a deep
wound running through her.
As Vaclav Havel and others leading voices of Europe's conscience declared earlier
this week, Europe is today divided by a new wall, built by an outside force - a wall
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that runs through the middle of Georgia.
A wall that cuts off one fifth of our territory - a wall that once again divides Europe
from itself, creating new lines of repression and fear: artificial dividing lines inside
the internationally recognized borders of a European nation.
It may be unpopular - but I am obliged to speak the truth.
And the truth is that this wall's existence mocks the progress we seemed to have made
since that bright shining day in Berlin 20 years ago.
This new wall tells us that once again the rule of force has trumped the rule of lawand
the rule of reason.
I see no irony - only tragedy - in the fact that this wall is being built by the very
people whose ideas were collectively and decisively defeated and rejected just 20
years ago.
I take no comfort that those who thought the Wall's destruction was the single
greatest tragedy of the 20th Century now lead these deplorable efforts.
One year ago, my country was invaded: tanks, war planes, warships, bombs and
state-directed cyber hackers descended upon our towns, villages, cities, infrastructure,
and economy.
Hundreds of our people were killed or wounded. Tens of thousands of innocent
civilians were forced to flee in the face of ethnic cleansing that independent human
rights organizations have documented.
Today, these acts of brutality have gone unaddressed- in direct contravention of
international law, the norms of this institution and internationally signed agreements
designed to reverse these wrongs.
These are the facts that confront us as we gather here today. And these facts do have a
name: armed aggression, ethnic cleansing, mass violations of human rights, and
illegal occupation.
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Ladies and gentlemen, those who unleashed war in my region and led ethnic
cleansing campaigns in my country - said yesterday in this very hall - that they had to
do it to, "implement the principle of indivisibility of security" - in order to, "step over
the legacy of the past era".
The only thing that they stepped over was our sovereign border.
They said they had to do it... As their predecessors had to invade Poland in 1939,
Finland in 1940, Hungary in 1956, Czechoslovakia in 1968, and Afghanistan in 1979.
And they had to erase a capital of 400,000 inhabitants - Grozny, to destroy and
exterminate the proud Chechen nation and kill tens of thousands of innocent women
and children.
Recent history is indeed a powerful guide to understanding what kind of actions these
leaders undertake in order to bring what they call "security and stability" to my
region.
But I want to say clearly today that the people of Georgia cannot and will not accept a
new dividing line in our country. That is an unchangeable commitment.
And the return of a wall across Europe is not just a matter for Georgia. Indeed, the
very values of this institution remain at threat.
The protection of human rights, respect for the dignity and equality of all persons, the
inadmissibility of ethnic cleansing, and recognition of the inviolability of sovereign
borders - all are values that form the bedrock of this institution.
We certainly did not choose this course of action, but it is up to us to recognize and
reverse its illegality.
As a community of responsible nations, it is our collective responsibility to uphold
international law and insist that borders cannot and will not be changed through the
use offeree.
It is up to us to tear down this new wall peacefully — with the power of our ideas and
the strength of our convictions.
I want the world to understand clearly how we view this new wall and our strategy for
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tearing it down.
To start, let me state outright: we do not expect it to disappear overnight. We
understand the need for patience. But the history of the Berlin Wall teaches us that
patience must not be passive.
The Berlin Wall only fell because passionate, disciplined, energetic partisans of
freedom, both behind and outside that wall, worked with focus, discipline, and
courage, to remind the world continually of the illegitimacy and illegality of that wall,
and to take actions to hasten its demise.
I would like to use this opportunity to thank those member nations at the UN for their
vote recognizing the right of return for all who have been displaced- for all the
victims of ethnic cleansing.
I would like to thank all those nations across the globe that resisted illegality and
pressure by standing firm in their non-recognition of those territories of Georgia now
occupied by a foreign force.
I want to thank all those nations who have been so generous in pledging and
providing vital economic support that has proved invaluable in helping to build
shelters and rebuild the dreams of the invasion's refugees and IDPs.
On behalf of all my fellow citizens, I wish to thank you for your generosity, especially
at a time of such extreme hardship around the world.
Beyond the comfort provided by your material support, I want to thank all of
Georgia's friends who have defended not only our sovereignty, but our right to forge
our own path in the world, to choose our own alliances, and to reject the 19th-century
notion of spheres of influence, which led to so much warfare, repression, and hardship
in the world's history.
I want to thank those nations and leaders of the European Union who today have
committed their monitors to Georgia for the promotion of peace.
The Georgian people are also grateful to US President Obama, for his unyielding
words of support for our sovereignty and territorial integrity, and to Vice President
Biden, for visiting Georgia this summer and underscoring America's commitment to
our democracy and our right to choose our own future.
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And in particular, I want to thank the UN for its more than 16 years of contributions
to peace on the ground in Georgia through its presence in our country- a presence
recently and abruptly halted by the unilateral actions of one single member state.
Our future depends on us.
And so today I also want to report to you on the progress Georgia is making, through
our own efforts, in the year since we suffered Europe's first invasion in the post-Cold
War era.
One year after losing hundreds of our sons and daughters and after seeing tens of
thousands of our people displaced, the Georgian people have regrouped and made real
progress down the path of peace, freedom, and individual liberty.
And I would like to pay tribute to their courage.
Just this summer, in a refugee camp outside Tbilisi, I saw young children
demonstrating their unstoppable will to have a normal and free life, seizing the
opportunity to learn how to compete in the modern age, using new computers,
mastering English and advancing their pursuit of knowledge despite the odds.
These children are the future of my country. These children symbolize, ladies and
gentlemen, the path Georgia took after the invasion.
We are following through on the promises I made at this podium last year to
strengthen our democracy, foster pluralism, and expand individual liberties.
Already, we have set reforms in motion, which within the next year will advance the
progress of the Rose Revolution and irreversibly deepen our identity as the freest state
in our region.
Already, we permitted nearly three months of opposition protests to proceed
unhindered, even though they closed down the main street of our capital, reflecting
our deep commitment to pluralism and our respect for dissent and freedom of speech.
Already, we have given opposition-controlled broadcast stations license to transmit
across the nation.
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Already, we have brought opposition parties into meetings of our national security
council, to ensure our security policies reflect the unified will of the nation, beyond
faction, beyond party.
Already, we have committed to the direct election of mayors next year and begun the
development of new electoral rules, including a consensus chair of our electoral
commission, to ensure the greatest possible legitimacy of our democratic processes.
In the next few months we will go even further.
We will adopt new laws to penalize any government official or other outside party
from interfering with our judges.
And we will adopt constitutional reforms to transfer power from the presidency to a
stronger parliament.
We do this because a vibrant democracy is one of the best ways to topple this new
wall.
We are also doing all we can to rebuild our economy.
The Georgian people are skilled and hard-working, but they are bearing the double
punishment of a global economic downturn and the economic consequences of last
summer's invasion.
Our biggest imperative at home is to create more employment, and we are doing all
we can to pursue that goal, every day.
We are heartened that just this month the World Bank named Georgia as the eleventh
most attractive country in the world for doing business when only a few years ago we
were 11 2<-2\/^ nd. And we will continue to take steps to strengthen our economy and create more employment. We are resolutely committed to our vision of a sovereign and unified Georgia. 7 CHECK AGAINST DELIVERY Together, with all of Georgia's diverse ethnic groups and religions we will prevail over this illegal occupation and reverse this ethnic cleansing. Abkhazia is the birthplace of our culture and civilization. Starting from Jason and the Argonauts, Abkhazia has been the most valuable and vibrant part of our journey through history. Abkhazia today has been emptied of more than Ws of its population. Gardens and hotels, theaters and restaurants have been replaced by military bases and graveyards. It will take time, but Abkhazia will once again be what it was: the most wonderful part of Georgia. Mr. President, Excellencies, Distinguished Delegates, I came here today to deliver this simple message: Georgia is winning the peace. And here is how you can measure our commitment. Did we crumble in the face of a brutal invasion? No. Did we crack down in the face of dissent? No. Did we reduce freedom in the face of recession? No. Even in the face of adversity, we continue to contribute to the common goals established by our friends and by the international community at large. In the battle against climate change, I am proud to say that Georgia is at the vanguard, producing 85 percent of our electricity from green and renewable sources. We are, meanwhile, on the frontlines of confronting terrorism around the world with our allies, including in Afghanistan where our troops will serve side by side with others from around the world. We are winning the peace because every day, nations from our region become more and more independent from our common imperial legacy. Every day, regional states reject more and more the tremendous pressure coming from 8 CHECK AGAINST DELIVERY our common past. Every day, the idea that we can resist revanchist tendencies is growing and every day an arc of independent nations - from Belarus to Moldova - Uzbekistan to Mongolia - is telling the world that spheres of influence is a thing of the past. Georgia, my friends - is not only a country; the new wall that cuts across our territory has transformed Georgia to an idea and a test. An idea of freedom and independence, and a test for the world. A test the world must not fail. If the test is successful, then you will be amazed how quickly this region will develop its tremendous potential. An active, patient victory over this new wall is a crucial step in the effort to build energy security for free nations, and to build a united front against lawlessness and terrorism. It's a sphere where all cultures, influences, religions, and traditions meet, providing an antidote to the risk of a clash of civilizations. Yesterday, President Obama said clearly that new walls should not divide us, that the future belongs to those who build and not to those who destroy, that cooperation and values have to prevail against division and cynicism. I want today to stress how much we share this vision, how much this vision is vital for my country and my region and beyond. Twenty years ago, the velvet revolutions opened a new era in international relations and a new journey began towards a free and cooperative world. I am confident we will prevail on that journey, but only if we are not complacent, only if we are not passive. And if we stand by and defend our deeply held values. After all, the clarion voice of those velvet revolutions two decades ago - the voice of Vaclav Havel - offered us a solemn reminder only this week about the dangers we have yet to overcome. CHECK AGAINST DELIVERY Speaking of the new wall that now divides Georgia, he wrote, together with other prominent Europeans - and I quote: "The failure of Western democracies to respond to the dismemberment of a friendly nation, albeit a small one, can have very serious global consequences. The European Union was built against the temptation of Munich and the iron curtain. It would be utterly disastrous if we were to appear in any way to condone the kind of practices that plunged our continent into war and division for most of the last century. At stake is nothing less than the fate of the project to which we continue to dedicate our lives: the peaceful and democratic reunification of the European continent." We must not fail to hear Vaclav Havel's call and President Obama's call - and the call of one my personal heroes from Russia, Anna Politkovskaya, so brutally silenced. Their calls echo across two decades of progress - a progress that has sparked great hopes, but that remains fragile. Today and together we must provide answers. Today and together we must show leadership and vision. Today and together we must demonstrate uncommon resolve. And most of all, today and together we must provide an example that the power of our values and ideals - will finally unleash the tremendous human potential within us all. THANK YOU

source: http://www.un.org/ga/64/generaldebate/pdf/GE_en.pdf

Oct 22, 2008

Questions for Mikheil Saakashvili / NY Times

Published: October 17, 2008
source: http://www.nytimes.com/2008/10/19/magazine/19WWln-q4-t.html?partner=permalink&exprod=permalink

Did you watch our presidential debates? It sometimes seems like the one subject the candidates agreed on is the necessity of supporting your country, a former Soviet satellite state that has recently been warring with Russia. I was personally very surprised that the candidates were so passionate about Georgia. Of course, John McCain has been many times to Georgia and knows it firsthand. Obama said absolutely all the right things.

How often do you talk to the candidates on the phone? Pretty often. And I think they are very competent.

Why are American politicians so interested in Georgia? First of all, democracy is a strategic interest. And second, there are energy issues. If Russia shuts off central Asia and the Caspian Sea from Europe, the European allies of the United States will be totally dependent on Russian gas and energy.

Why is our friendship with you worth it if it causes a rift between the U.S. and Russia? Look, the rift with Russia is not connected to Georgia. It is connected to values. Russia has become very authoritarian. It doesn’t accept free speech or real elections anymore.

What is it with those Russians? The more insecure you are, the more prone you are to create crises.

Do you think Putin wants to kill you? Well, killing me makes no sense because Georgia already has a Western-educated political class.

Have the Russians made any attempts on your life? President Medvedev has called me “a political corpse” publicly several times. Putin told several Western leaders, “I want Saakashvili’s head.” If they want my head, for me it’s more funny than troubling.

Are you connected to the C.I.A.? No. I told President Bush two years ago that I am sick and tired of trying to convince Putin that I am not a C.I.A. officer. I said: “Mr. President, can you tell him I am a C.I.A. officer? Maybe he will take me more seriously.”

For all your lofty talk about democracy, last November you shut down the opposition television station in Tbilisi. The interference with Imedi TV was an exception, not a rule. This action was taken during mass riots when Imedi TV started to incite overthrow of the democratically elected government. It should be noted that the government did pay damages.

You studied law at Columbia and came to power through the peaceful Rose Revolution in 2003. What sort of salary do you earn? When I became president of Georgia, they brought me money, and I said, “What is this?” They said, “It is your monthly wage.” It was roughly $40. I said: “Well, excuse me, I cannot survive on that. Give me some salary.”

You got a raise? It is up to $6,000 a month, plus all expenses. We’re still a poor country.

How would you describe Georgia in general? It’s spontaneous, it’s open-minded, it’s a little bit chaotic. It’s about wine and beautiful landscapes. It’s about good food.

What kind of good food? Like khinkali. It’s a big dumpling — with juice inside and meat.

It sounds fattening. Well, it should be a little bit fattening. President Bush loved it. Every time I call, he says, “I’m still on my bike, trying to lose the eight pounds I gained in Tbilisi.”

Do you think Georgia will be accepted into NATO in December, when the next vote is scheduled? It’s the $100 million question. I was reassured by Senator Obama, who said that we should have a NATO Membership Action Plan. Whether we get it, we’ll see.

What do you think of Sarah Palin? When she was nominated, she called me. She was lively, she was interactive, she was engaged.

Can she see Georgia from her front porch? No, we are looking in different directions. With the most powerful binoculars, I cannot see Alaska.

INTERVIEW CONDUCTED, CONDENSED AND EDITED BY DEBORAH SOLOMON

Sep 24, 2008

PRESIDENT SAAKASHVILI'S SPEECH AT THE UN GENERAL ASSEMBLY 23.09.08

H.E. MR. MIKHEIL SAAKASHVILI, PRESIDENT OF GEORGIA

63rd Session of the United Nations General Assembly
New York, 23 September 2008

Mr. President,
Mr. Secretary-General,
Excellencies,
Distinguished delegates,

I thank you for the opportunity today to address this, the 63rd annual gathering of the General Assembly, at such a critical moment in the history of my own country and of the United Nations.

Sometimes, the most extreme tests of this institution’s towering ideals arise in small, even obscure places.

I come to you as the representative of one of those places, the country of Georgia, a land of fewer than 5 million, that last month was invaded by our neighbor.

Despite our small size, the legal, moral, political, and security implications raised by that invasion could not be larger in consequence.

Indeed, those issues cut through to the heart of the UN’s founding charter.

The principles enshrined in that charter included the inviolability of sovereign borders; the sanctity of human rights; the supremacy of international law; and the global rejection of armed aggression.

All of these principles were put to the test by the invasion, and now hang in the balance.

The invasion violated Georgia’s internationally recognized borders.

The subsequent recognition of the so-called “independence” of our two regions of South Ossetia and Abkhazia challenged our territorial integrity.

The ethnic cleansing of hundreds of thousands of our people did violence to the very idea of human rights.

This General Assembly, therefore, faces a General Challenge. read full text

Aug 26, 2008

STATEMENT BY THE PRESIDENT OF GEORGIA - MIKHEIL SAAKASHVILI

August 26, 2008

The Russian Federation’s actions are an attempt to militarily annex a sovereign nation—the nation of Georgia. This is in direct violation of international law and imperils the international security framework that has ensured peace, stability, and order for the past 60 years.

Russia's decision today confirms that its invasion of Georgia was part of a broader, premeditated plan to redraw the map of Europe. Russia today has violated all treaties and agreements that it has previously signed.

Russia’s actions have been condemned in the strongest possible terms by the entire international community, which has reaffirmed its support for Georgia’s territorial integrity. The Government of Georgia is grateful for the world’s support.

The regions of Abkhazia and South Ossetia are recognized by international law as being within the borders of Georgia.

Today, by its actions, the Russian Federation is seeking to validate the use of violence, direct military aggression, and ethnic cleansing to forcibly change the borders of a neighboring state.

Russia’s refusal to withdraw its military forces from Georgia—and its attempt to annex two regions of Georgia—is in direct violation of the EU-brokered cease fire to end Russia's invasion and occupation of Georgia.

The two regions in question have been de-populated by conflict and continue to be subject to widespread ethnic cleansing by Russia and its proxies—as confirmed by the United Nations and other international bodies.

These are areas where the local populations– simply because of their nationality - have been chased out, with the direct intervention of the Russian Federation.

The few civilians who remain in these regions have been given Russian passports en masse, in violation of international law and norms, making a mockery of the principle of “right to protect”.

One such expulsion took place in 1993 in Abkhazia. Others took place last week in South Ossetia and in Upper Abkhazia/the Kodori Gorge.

I remind you that before the first conflict, more than 525,000 people lived in Abkhazia. Today less than 150,000 do.

I remind you that ethnic Georgians in South Ossetia have been systematically forced to flee that territory due to Russia’s invasion.

The attacks on ethnic Georgians, both inside and outside the conflict zones, are continuing.

The ethnic cleansing is something that the local rebel separatists are proud to announce—and which Russia, through its actions, is attempting to legalize.

Is it legal to remove ethnic groups from their homes using violence and terror?

Is it moral or legal for an ethnically cleansed area to be rewarded with independence by a neighbor?

If intervention in Kosovo was about stopping ethnic cleansing, today’s decision by the Russian Federation is about rewarding and legalizing ethnic cleansing.

Russia has turned logic and morality on its head.

Russia’s decision is therefore a direct and grave challenge to the international order.This a challenge for the entire world. Not just Georgia.

It means that today, annexation and ethnic cleansing have once again become tools of international relations.

If accepted by the international community, it means that foreign-sponsored groups around the world can use violence and ethnic cleansing to achieve their ends.

It means that third parties can arm, sustain and direct those groups in order to change the borders on the world’s map.

Today, it is clear around the world that Russia is acting as an aggressor state.

My appeal to the free world is to condemn and reject Russia’s dangerous and irrational decision – NOT only for Georgia’s sake – but for the sake of preserving the fundamental basis of international law and order.

On behalf of my Government and people, I condemn this reckless act and want to state clearly that the Russian action does not hold any legal value.

As before – and according to international law, Georgia’s territorial integrity and sovereignty is inviolable.

Russia’s aims, method and goals are now clear.

The Russian Federation has used military force to try to dismember my country.

In the days and weeks ahead we will work with the international community to prevent this decision from having any effect on the sovereignty of my country and from further undermining the international order.

Together we must stand united against this aggression and call on you for your assistance and immediate reaction.

This is a test for the entire world and a test for our collective solidarity.

This is the test that we—all free people—must not fail.

My friends, we are all concerned today. And today Georgia counts on your support.

Today a challenge has been posed to all of us.

Today the fate of Europe and the free world is unfortunately being played out in my small country.

But together, we can and we must unite to meet this challenge.

Aug 12, 2008

SAAKASHVILI: This is classical case of ethnic cleansing.

President Saakashvili told a group of foreign journalists on August 12: “Within a well-prepared plan, several hundred pieces of the Russian [military] equipment, Russian airborne troops, commanded by the airborne troops of Russia landed there [in the Kodori Gorge] and expelled and certainly killed part of the population. Whole population from that place is gone. This is classical case of ethnic cleansing.”

Upper Kodori gorge was the only part of breakaway Abkhazia under Tbilisi’s control.

Authorities in breakaway Abkhazia said their forces were in full control of upper Kodori Gorge.

Officials in Tbilisi have confirmed it.

CNN aired brief footage showing an Abkhaz militia taking down the Georgia’s national flag from the administrative building in the gorge.

Russia wants Saakashvili to Stand Down!!!

13:07
Lavrov has acknowledged on August 12 that he had told U.S. Secretary of State Condoleezza Rice that Russia wanted Saakashvili to stand down.

“Saakashvili cannot be a partner and he must stand down,” Lavrov said at a joint press conference with his Finnish counterpart in Moscow.

“Saakashvili’s brutal actions undermined Georgia’s confidence. We do not feel any confidence to Saakashvili,” Lavrov said.

He also said that Moscow was not actively seeking to overthrow Saakashvili, but also added that situation would improve if Saakashvili left.

Aug 11, 2008

What if Russians Claim in ICC against Georgian President Saakashvili!!!

International Criminal Court

About the Court

• The International Criminal Court (ICC) is an independent, permanent court which has a mandate to try individuals rather than States and to hold them accountable for the most serious crimes of concern to the international community - genocide, war crimes and crimes against humanity, and, eventually, the crime of aggression. Although the Statute provides that the Court will not exercise its jurisdiction over the crime of aggression until such time as the states parties agree on a definition of the crime and set out the conditions under which it may be prosecuted.

• The entire premise of the Court is based on the principle of complementarily, which means that the Court can only exercise its jurisdiction when a national court is unable or unwilling to genuinely do so itself. The first priority always goes to national courts. The International Criminal Court is in no way meant to replace the authority of national courts. But there may be times when a State's court system collapses and ceases to function. Similarly, there may be governments that condone or participate in an atrocity themselves, or officials may be reluctant to prosecute someone in a position of great power and authority.

Territorial Jurisdiction

The Court can exercise its jurisdiction only under the following limited circumstances:
o where the person accused of committing a crime is a national of a state party (or where the person's state has accepted the jurisdiction of the Court);
o Where the alleged crime was committed on the territory of a state party (or where the state on whose territory the crime was committed has accepted the jurisdiction of the Court); or
o Where a situation is referred to the Court by the UN Security.

Conditions required for the Court to act


• There are clear conditions specified in the Rome Statute under which the Court can exercise its jurisdiction, as well as specific requirements as to when the Court can do so. There are many safeguards to prevent frivolous or politically motivated prosecutions from taking place, with ample, repetitive opportunities for challenges.
• When a State ratifies the Statute, it agrees to accept the jurisdiction of the Court over the crimes listed in the Statute. The Court may exercise its jurisdiction in situations that meet one of the following conditions:
o One or more of the parties involved is a State Party; the accused is a national of a State Party; the crime is committed on the territory of a State Party;
o Or a State not party to the Statute may decide to accept the court's jurisdiction over a specific crime that has been committed within its territory, or by its national.
• But these conditions do not apply when the Security Council, acting under Chapter VII of the Charter, refers a situation to the Prosecutor.
• But something else must happen first, before the Court can act:
o Either a State Party refers a "situation" to the Prosecutor;
o The Security Council refers a "situation" to the Prosecutor;
o Or the Prosecutor initiates an investigation on his own authority, as set out in the Statute.

Temporal jurisdiction

The Court's jurisdiction does not apply retroactively: it can only prosecute crimes committed on or after 1 July 2002 (the date on which the Rome Statute entered into force). Where a state becomes party to the Rome Statute after that date, the Court can exercise jurisdiction automatically with respect to crimes committed after the statute enters into force for that state.

Why The Russian Federation CANNOT take a claim in ICC

Since the Russian Federation is not a party to the Rome Statute of the International Criminal Court and this legal document is not binding upon it, the Russian Federation cannot sue in ICC due to the fact, that according to the Rome Statue, for the Court to exercise its jurisdiction, the suing State should be the State Party to the Statute. Accordingly, the Russian Federation’s wish to take a claim in ICC is without any logic.

Aug 9, 2008

Hot news:

Analysis on CNN:



Interview with President of Georgia


News:


BBC News:
http://news.bbc.co.uk/1/hi/world/7550999.stm

Ordinance Of the President of Georgia (unofficial translation)

№ 402 August 9, 2008 Tbilisi

On Declaration of the State of War on the Whole Territory of Georgia and Full Mobilization

In the last few days, the situation in the former Autonomous Region of South Ossetia has been deteriorated. The separatist forces are violating human rights and fundamental freedoms on massive scale. Armed attacks and violence against civilians take place. As a result of the above-mentioned actions, human casualties are registered among civilians as well as peacekeepers. Tens of civilians are wounded and their property destroyed.

Despite the unilateral decision of the Government of Georgia to cease fire and the offer of peace talks, the separatists launched massive scale attacks against civilian population on August 7 -8, 2008. The Government of Georgia has taken necessary and proportionate measures to stop an armed attack.

The activities of the separatist forces in the territory of Georgia have been actively supported by the Russian Federation. In particular, on August 8, hundreds of armed personnel and armored vehicles entered the territory of Georgia through Roki tunnel.

On August 8, fighter jets of the Russian Federation intruded into airspace of Georgia on multiple occasions and carried out bombardments of cities of Kareli, Gori and the adjacent villages ; They also bombed the villages of Tskhinvali region, Vaziani Military Base and Marneuli Military Aerodrome. The battacks caused casualties among civilian population and the destruction of buildings.

Later, Senaki Airport, Senaki Military Base and Railway Station, as well as Poti Sea Port, Ship-building Factory, railway join were bombed. On August 9, Kopitnary airport, Gori Railway Station and civilian houses were bombed, which caused civilian casualties. During last hours the Russian Federation pursued its aggressive activities in Abkhazia. Majority of the above territories are situated 200-300 km away from Tskhinvali region. Consequently, the aggressive armed attack of the Russian Federation went far beyond the conflict territory and involves practically the whole territory of Georgia.

In light of all the above mentioned, it is evident that Russian Federation is carrying out indirect as well as direct armed attack against Georgia.

Indirect attack is materialized by the full support of the separatist forces , provision of armed equipment and ammunitions, committed by Russian officials holding high level posts in the self proclaimed republic of South Ossetia (Minister of Defense, Interior Minister, Secretary of Security Council, Prime Minister). Direct attack by the Russian Federation is evident from active, intensive and continuous armed activities that, inter alia, included violation of airspace of Georgia on multiple occasions and massive bombardments. The Black Sea military fleet and infantry units have been used as well. These actions, by their nature and scale, are in full compliance with the definition of armed attack recognized by international law and should be qualified as such.

In these circumstances, the right of self-defense remains the only adequate and necessary measure, as proclaimed by the Article 98 of the Constitution of Georgia, Article 51 of the UN Charter and customary international law. Therefore, the necessity exists to resort to use of force that is aimed at putting an end to the armed attack and to avoid further escalation of the situation.

Due to the current circumstances, in order to avoid destabilization in the region, to suppress armed attacks and violence against civilian population, to ensure the protection of human rights and freedoms, pursuant to Article73 (1)(g), Article 98 and Article 100 (1) of the Constitution of Georgia, the law of Georgia on State of War and Article 6 (a) of the law of Georgia on Mobilization:

1. State of war on the whole territory of Georgia shall be declared.
2. State of war shall remain in force for the period of fifteen (15) days.
3. In relation to the State of war, full mobilization shall be declared and Military Forces shall be used to suppress an armed attack.
4. The Decree shall be immediately published through mass media and afterwards (for a period of one day ) shall be repeatedly transmitted on Public Broadcaster every two (2) hours;
5. The Decree shall be submitted to the Parliament of Georgia for approval within forty-eight (48) hours.
6. The Ministry of Foreign Affairs of Georgia (E. Tkeshelashvili) shall immediately inform the Secretary General of the United Nations, the Secretary General of the Council of Europe, other respective international organizations and the Heads of the accredited diplomatic missions to Georgia about the declaration of Martial law.
7. The present Decree shall enter into force upon signature and be immediately published in the Official Gazzette.



President of Georgia Mikheil Saakashvili