The International Court of Justice (ICJ) is declared incompetent to do the reporting of Georgia against Russia for alleged ethnic cleansing in Abkhazia and South Ossetia. The judges of the UN, they have reminded both parties that should prevent discrimination against Georgians living in the two breakaway regions, reports Isabel Ferrer.
The judges considered that the parties held negotiations provided for in Article 22 of the Convention against Racial Discrimination of 1965, which bases its claim Georgia as a precondition before submitting the case to the Court of the United Nations. "The Court concludes by ten votes in favor and six against it has no jurisdiction to handle the lawsuit filed by Georgia on August 12, 2008," said the president of the ICJ, Hisashi Owada.
The justices acknowledged that "there has been a dispute" between Georgia and Russia over racial discrimination, which rejected the first of the objections raised by Russia. Russia maintained that the dispute with Georgia, if any, should be based on illegal use of force, not the Convention against Racial Discrimination.
The judges stated that the struggle for racial discrimination existed only "between 9 and 12 August 2008", ie after it began fighting in South Ossetia until the day the suit was filed. Secretary of State for Justice of Georgia, Tina Burjaliani, acknowledged at the end of the delivery of the decision the "deception" of Georgia by the findings of the Court but has applauded the fact that it has recognized the existence of a dispute.
"We are pleased that the Court has said that there is a dispute between Georgia and Russia (racial discrimination) and not between Georgia and South Ossetia, as Moscow maintained during the hearings, he said. Burjaliani Georgia has not ruled out return to report to Moscow with another lawsuit and said: "This decision is not the end of this case." He stated that Tbilisi "will study" the court decision before deciding what further steps against Moscow will.
For its part, the legal adviser of the Russian Ministry Exterires Affairs, Kirill Gevorgian, told reporters that the decision reflects "exactly what we wanted (...) because we have blocked the process." He also was pleased that the Court "has not acknowledged a long-term dispute" between Russia and Georgia, which held in its demand that Moscow had been pursuing a policy of ethnic cleansing in Georgia since the nineties.
In August 2008, after an armed conflict between Georgia and Russia, South Ossetia and Abkhazia unilaterally proclaimed its independence with the support of Moscow. In its lawsuit, filed on August 12, 2008, Georgia argued that Moscow has supported the ethnic cleansing of Georgians by separatist forces in these regions through the provision of weapons, recruitment of mercenaries and even the direct intervention troops.
The territorial conflict between Georgia and its breakaway region of South Ossetia was known as the five-day war. In 2009 the European Union issued a report, nearly a thousand pages, in which he accused all parties to the conflict, Georgia, Russia and South Ossetia and Abkhazia. According to the report, violated international law: Georgia by the massive bombing of civilians in Tskhinvali, the capital of South Ossetia on the night from 7 to August 8, 2008, and Russia, to replicate with an armed raid excessive that pierced the conflict zones and affected roads, cities and the Georgian Black Sea coast. 
The judges considered that the parties held negotiations provided for in Article 22 of the Convention against Racial Discrimination of 1965, which bases its claim Georgia as a precondition before submitting the case to the Court of the United Nations. "The Court concludes by ten votes in favor and six against it has no jurisdiction to handle the lawsuit filed by Georgia on August 12, 2008," said the president of the ICJ, Hisashi Owada.
The justices acknowledged that "there has been a dispute" between Georgia and Russia over racial discrimination, which rejected the first of the objections raised by Russia. Russia maintained that the dispute with Georgia, if any, should be based on illegal use of force, not the Convention against Racial Discrimination.
The judges stated that the struggle for racial discrimination existed only "between 9 and 12 August 2008", ie after it began fighting in South Ossetia until the day the suit was filed. Secretary of State for Justice of Georgia, Tina Burjaliani, acknowledged at the end of the delivery of the decision the "deception" of Georgia by the findings of the Court but has applauded the fact that it has recognized the existence of a dispute.
"We are pleased that the Court has said that there is a dispute between Georgia and Russia (racial discrimination) and not between Georgia and South Ossetia, as Moscow maintained during the hearings, he said. Burjaliani Georgia has not ruled out return to report to Moscow with another lawsuit and said: "This decision is not the end of this case." He stated that Tbilisi "will study" the court decision before deciding what further steps against Moscow will.
For its part, the legal adviser of the Russian Ministry Exterires Affairs, Kirill Gevorgian, told reporters that the decision reflects "exactly what we wanted (...) because we have blocked the process." He also was pleased that the Court "has not acknowledged a long-term dispute" between Russia and Georgia, which held in its demand that Moscow had been pursuing a policy of ethnic cleansing in Georgia since the nineties.
In August 2008, after an armed conflict between Georgia and Russia, South Ossetia and Abkhazia unilaterally proclaimed its independence with the support of Moscow. In its lawsuit, filed on August 12, 2008, Georgia argued that Moscow has supported the ethnic cleansing of Georgians by separatist forces in these regions through the provision of weapons, recruitment of mercenaries and even the direct intervention troops.
The territorial conflict between Georgia and its breakaway region of South Ossetia was known as the five-day war. In 2009 the European Union issued a report, nearly a thousand pages, in which he accused all parties to the conflict, Georgia, Russia and South Ossetia and Abkhazia. According to the report, violated international law: Georgia by the massive bombing of civilians in Tskhinvali, the capital of South Ossetia on the night from 7 to August 8, 2008, and Russia, to replicate with an armed raid excessive that pierced the conflict zones and affected roads, cities and the Georgian Black Sea coast.
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