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Hague International Court Satisfied Suits Submitted by Georgia

October 16, 2008
The International Court of Justice reached a decision the suit of submitted Georgia vs. Russian Federation that deals with the eradication of all forms of racial discrimination based on international convention.  Georgia had requested within the pleadings temporary liability be imposed on the Russian Federation as the respondent.

Nika Gvaramia, Georgian Minister of Justice, called this statement a victory of the state.

“I want to inform the society about the great victory of the Georgian state in International Court of Justice in Hague. The court decided to satisfy every requests of the suit submitted by Georgia. More precisely, International Court of Justice confirmed that all declarations of Georgia will be discussed and consequently, all arguments provided by Russia were rejected because the issue is not within the jurisdiction of Hague Court. The claiming of Russia as if there was no ethnic cleansing. Russian attempted to act as it was not responsible for the events that developed in the region but such claims were rejected. In parallel, argument of Russia was also turned down where Russia claimed that Georgia had not initiated peace talks between conflict parties and had not used all peaceful means at its disposal. Again, the court concluded that arguments of Russia are irrelevant.”

The minister stated that Russia is imposed with interim liability that means Russia is responsible for the prevention of all discriminative treatment based on ethnic grounds towards the Georgian people or on any person or organization. It not to fund, support and protect racial and ethnic persecution.  The court proceeded to underlined that Russia is charged for separatist activities that contradict human rights in the field of ethnic discrimination. The court pointed out that situation in the region is still tense and instable. Situation of Georgian people is still most difficult and locals are persecuted on ethnic grounds. In addition, unmanaged and out of control processes that are undergoing in the breakaway regions of South Ossetia and Abkhazia, and now this creates negative situation for both Ossetians and Abkhazians, which is perceived as being a very serious issue. The court also imposed Russia to promote safe transportation, free choice of the residential area and right to property in the regions that is still controlled by Russia. This concluding demand equals making provisions that will promotion the return of IDPs to their homes. Russia was also demanded not to restrict transportation of humanitarian aid in these territories and avoid all activities that further complicates the situation. The parties-Georgia and Russia-are obliged to report to the court systematically about implemented measures. The court stressed that this decision is obligatory for the parties and if the decision is contradicted, the violator will be charged under international law,” said Minister of Justice.

Hague International Court passed this decision after intensive discussions. “We won the case with 8 votes to t 7. I will inform about those judges, about the courtiers who supported us. They are: Rosalyn Higgins, (UK) chair of the court; judges from the United States, Japan, Germany, France, New Zealand, Mexico and Italy. Judges from the following countries voted against us: China, Jordan, Madagascar, Sierra-Leone, Slovakia, Morocco and the Russia Federation.

Russia is now expected to implements all its obligations as stipulated by the decision as discussed under international law. Here they will use mechanisms of legal oppression and supposedly even consider the imposition of international legal sanctions. This decision has significant political value. Reportedly, Russia stated that if the suit is accepted and discussed they would leave the convention. I do not know what they will decide now. However, if Russia breaches the court decision though any forms, it will place itself beyond the scope of international law. It is very important fight and it ended in our favor.

We will continue our struggle to the end. Discussion of suit will still continue. This victory is not only a legal one but it is also a political win,” stated Nika Gvaramia.

Source: Medianews


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