|
Crimes against Humanity and War Crimes Took Place during and After the Russo-Georgian War
Crimes against Humanity and War Crimes Took Place during and After the Russo-Georgian War
Simon Papuashvili, Netherlands
 The Georgian Human Right Centre has handed over documentation detailing allegations of war crimes and crimes against humanity during and after the armed conflict between Georgia and Russia to a representative of the Prosecutors Office of the International Criminal Court, Mr. Matthew Brubacher. The meeting took place in The Hague, The Netherlands, on 19th of November.
The Human Rights Centre has documented possible war crimes and crimes against humanity in the conflict zones throughout the fall of 2008 in cooperation with the Norwegian Helsinki Committee, the Austrian Helsinki Association and Caucasia Centre for Human Rights and Conflict Studies. Regular visits have been carried out to the Gori, Tskhinvali, Kareli, Khashuri and Zugdidi regions with the purpose of identifying victims and witnesses to crimes, and documenting such acts by conducting interviews and collecting photographic evidence from the places that suffered most because of the conflict. Due to the fact that our monitors mainly had access to areas controlled by the Government of Georgia, documented facts mainly relate to crimes that resulted from the actions of the armed forces of the Russian Federation and paramilitary groups that acted and still continue to act in the Georgian territory that is effectively controlled by the Russian Federation. However, research done in the town of Tskhinvali describing violations of humanitarian law by the armed forces of Georgia is also included in the material.It is highly probable that the Prosecutor of the International Criminal Court will call both parties to the conflict to investigate alleged occurrences of the crimes that fall within the jurisdiction of the International Criminal Court. The International Criminal Court, established by the Rome Statute, has jurisdiction over three crimes: genocide, crimes against humanity and war crimes. Based on the fact finding carried out by the Georgian Human Rights Centre, the Norwegian Helsinki Committee, the Austrian Helsinki Association and Caucasia Centre for Human Rights and Conflict Studies there is compelling evidence to suggest that at least two out of three crimes that fall within the jurisdiction of the International Criminal Court took place during and after the August conflict. These are crimes against humanity and war crimes.The purposeful widespread and systematic persecution of individuals of Georgian ethnicity, considering the scale and gravity of such persecution from August until today seems grave enough to constitute a crime against humanity. Use of indiscriminate and excessive force against civilians as well civilian objectives combined with use of prohibited weapons, instances of extra-judicial killings, torture, rape and hostage taking constitute evident examples of war crimes. Material handed over to the ICC Prosecutors office indicates that these acts took place both during and after the August conflict.In accordance with the Statute of the International Criminal Court, the ICC, before undertaking any action, will have to examine whether states are willing and capable of investigating the alleged occurrence of the crimes within their jurisdiction. If the ICC Prosecutor establishes that the State(s) are unwilling or unable to carry out independent and effective investigation leading to the identification and punishment of those responsible, the ICC Prosecutor has a right to use his proprio muto power and initiate the investigation on his own motion.The Human Rights Centre, the Norwegian Helsinki Committee, the Austrian Helsinki Association and Caucasia Centre for Human Rights and Conflict Studies continue their fact finding in the conflict region and will share all relevant documentation with the ICC Prosecutor’s Office. Moreover, the Georgian Human Rights Centre, the Norwegian Helsinki Committee, the Austrian Helsinki Association and Caucasia Centre for Human Rights and Conflict Studies call on:The Russian Federation to: • Ensure that there is adequate security for the population of South Ossetia, including the Georgian population, and immediately stop the on-going persecution of civilians. • Facilitate the unimpeded, voluntary return of the internally displaced people from Georgia to their native villages in South Ossetia. • Investigate the numerous allegations where grave violations of humanitarian law and human rights that have occurred during and after the armed conflict, irrespective of which side was responsible for the violations. To the Georgian government: • Set up security measures (e.g. police presence) for the civilian population in the de-facto border areas, while at the same time avoiding exacerbating tensions in the conflict zone. • Investigate the numerous allegations of grave violations of humanitarian law and human rights that have occurred during and after the armed conflict, irrespective of which side was responsible for the violations. • To enter the villages as soon as possible to assist in de-mining activities and locate unexploded ordinances, including cluster bombs.
20 Nov. '08
2 Mar. '10 ...back
|
