Russia-Georgia War Crimes ICC Investigation Opened- The International Criminal Court (ICC) has authorized an investigation into alleged war crimes committed during the 2008 Russia-Georgian war in the first case the court has taken on outside of Africa, the BBC reported Wednesday. The investigation will focus in and around South Ossetia, a breakaway region that is recognized by Russia as an independent state. “The Chamber concluded that there is a reasonable basis to believe that crimes within the ICC’s jurisdiction have been committed in the situation in Georgia,” a press release from the ICC said. “Such crimes include crimes against humanity, such as murder, forcible transfer of population and persecution, and war crimes, such as attacks against the civilian population, willful killing, intentionally directing attacks against peacekeepers, destruction of property and pillaging allegedly committed in the context of an international armed conflict between 1 July and 10 October 2008.”
While the war between Russia and Georgia in 2008 only lasted five days, Russia continues to maintain troops in South Ossetia as well as Abkhazia, another breakaway region Russia has also recognized as an independent state. Then Georgian President Mikheil Saakashvili started the conflict when he tried to take back South Ossetia in early August 2008 leading Russia to swiftly respond. The ICC reported it had received “representations by or on behalf of 6,335 victims” last month and said three different groups could have committed crimes: Russian, Georgian and South Ossetian forces. ICC prosecutor Fatou Bensouda pushed for an investigation in October, saying there was evidence to show that as many as 113 ethnic Georgians were killed and as many as 18,500 were forcibly displaced by South Ossetian authorities. Bensouda also said Georgian and South Ossetian forces likely killed 12 peacekeepers when an attack on a medical facility took place.
Since its establishment in 2002, the ICC had been accused of having an “Africa problem” with all of its prior cases focused on the continent ranging from the Central African Republic to Congo. The Hague-based court works on cases that states themselves are not willing or capable of investigating. Russia is not a party to the international court.
********* Prosecutor of the International Criminal Court, following the authorization to open an investigation in connection with the situation in Georgia
Today, the Office of the Prosecutor (“Bureau”) of the International Criminal Court (ICC) has been authorized by the judges of Trial Chamber I to investigate on crimes within the jurisdiction of the ICC that were committed on Georgian territory between 1 st July and 10 October 2008.
The Bureau had presented its application for authorization by the Pre-Trial Chamber 13 October 2015, after its preliminary examination of the situation in Georgia since August 2008, which allowed him to gather information on crimes attributed to the three party’s of the armed conflict in question, the Georgian armed forces, South Ossetian forces and Russian troops.
This request was then presented largely due to the pace of proceedings at the national level and, ultimately, the lack of procedures. Given the complementarity principle under the Rome Statute, the ICC can not initiate procedure if the national authorities concerned have already started (or completed) real procedures at their level on the same matters. Until recently, Georgian and Russian authorities were investigating people who seemed to bear the greatest share of responsibility for some of the crimes. Despite the obstacles and delays inherent in such investigations, they seemed to grow. However, in March of last year, proceedings in Georgia had been suspended indefinitely. The Office continues to follow the progress of proceedings in Russia, which seem to continue on the information it has.
The findings of the Trial Chamber at this stage of the proceedings are preliminary in nature. They help decide whether or not an investigation and not to conclude decisively about the guilt or innocence of any particular person. It is only when, given the evidence obtained, there is reasonable cause to believe that a person is criminally responsible for crimes within the jurisdiction of the Court, I will ask the judges to issue an arrest warrant or subpoena.
Bureau investigators collect, independently and impartially, the necessary evidence from various sources. The survey will take the time it will take to gather the evidence required.
The Office has the full support and full cooperation of all parties throughout the investigation.
**** Judges at the world’s only permanent war crimes court on Wednesday gave prosecutors permission to launch an investigation into alleged abuses during the bloody five-day conflict. It will be the first inquiry by the International Criminal Court (ICC) into possible abuses by Moscow, and was widely hailed by human rights groups which said neither side had yet held to account those behind a wave of killing and looting. Georgia’s Justice Minister, Tea Tsulukiani, told a press conference that Tbilisi was convinced the ICC decision was “right from the legal point of view and in line with Georgia’s national interests.”
Tsulukiani said the probe will be an opportunity for Georgia to prove that Moscow and its proxy separatist forces in South Ossetia “committed ethnic cleansing of Georgians” and were responsible for killings of Georgian prisoners of war. Meanwhile a spokesman for Russia’s powerful investigative committee said that Moscow had passed on evidence of alleged crimes committed by Georgian forces in South Ossetia to the ICC.
He was caught by surprise when Moscow intervened militarily, sweeping into Georgia, occupying swathes of the country’s territory, and bombing targets across the ex-Soviet republic.After winning the brief war, Russia officially recognised South Ossetia — along with another breakaway Georgian region Abkhazia — as independent states, tightening its grip on the two territories where it maintains military bases. Together the two regions comprise some 20 percent of Georgian territory.
