4 Years Passed since International Criminal Court started investigation into 2008 August War crimes

4 years passed since the Office of Prosecutor (OTP) of International Criminal Court started investigation into the situation of Georgia. The investigation was preceded by 7-year preliminary examination period which started on August 15 of 2008. Although long time has passed, crimes committed during the 2008 August War are still not investigated effectively and perpetrators enjoy impunity.

Hundreds of people became victims of 2008 August War. Numerous peaceful civilians and military persons became victims and their fundamental rights were violated. Following crimes took place during the war: murder committed against civilian population, disappearance, destruction of property and pillage, forced displacement and persecution, attack against civilian population, deprivation of liberty, torture and inhuman treatment. 

These acts, which constitute war crimes and crimes against humanity, are under investigation by the International Criminal Court (ICC) for 4 years. Particularly, in October 2015, the Prosecutor, Fatou Bensouda addressed the Pre-Trial Chamber of ICC and requested permission for opening the investigation. On January 27, 2016, the Pre-Trial Chamber of ICC authorized Prosecutor Fatou Bensouda to open investigation into the crimes committed during 2008 Russia-Georgia armed conflict.

The decision of Pre-Trial Chamber determined the scope of the investigation which covers: the war crimes and crimes against humanity committed from July 1 to October 10 in and around South Ossetia by the Russian and Georgian armed forces and Ossetian de facto forces.

January 27, 2020 marked four years of investigation being conducted by the OTP. It should be noted that compared to all other situations that the ICC has investigated so far, investigation ongoing in Georgia is followed by significant challenges which may undermine comprehensive investigation, effective inclusion of victims in the ongoing process and serving justice. Particularly,

The affected community and society do not have relevant information regarding the progress of investigation, considering the confidential nature of investigation;

More than 11 years have passed since the 2008 August War. Numerous victims who were witnesses died during this period and evidence got destroyed;

The Russian Federation has not cooperated with the Office of Prosecutor of ICC since the opening of investigation up until today;

Despite the gravity and scale of the crimes committed by the Russian Federation during the August War, the perpetrators have not yet been revealed and punished.

On December 2-7, 2019, at 18th Assembly of State Parties of International Criminal Court, prosecutor Fatou Bensouda stated that the investigation into the situation of Georgia has entered active phase and there may be certain results in the nearest period. 

Effective investigation of war crimes and punishment of perpetrators is essential for serving justice and restoring rights of the victims, as well as eradicating syndrome of impunity. Therefore, we call on the Office of Prosecutor of International Criminal Court:

- Complete investigation in reasonable time and inform victims and public regarding the progress of investigation;

- Within the scope of investigation, pay particular attention to the crimes against humanity, such as internal displacement and persecution and war crimes – attack against civilian population, murder, destruction of property and pillage;

- Issue arrest warrants against high government officials who are most responsible for the committed crimes.

Member organizations of Georgian Coalition for International Criminal Court:

Article 42 of Constitution

Georgian Center for Psychosocial and Medical Rehabilitation of Torture Victims (GCRT)

Georgian Young Lawyers Association

Human Rights Center

International Center on Conflict and Negotiation (ICCN)

Justice International