Saturday, April 2, 2011

International Court of Justice: Georgia fails in action against Russia

 Georgia has failed before the International Court in The Hague with a lawsuit against Russia for the war in 2008. Tbilisi accused Moscow of ethnic cleansing in the fight against the breakaway Georgian provinces of South Ossetia and Abkhazia and called on the Anti-Racism Convention of 1965.

The country also won a first success, when the Hague judges sentenced soon after the start of the conflict, any discrimination on racial grounds in the Caucasus conflict. The Court urged all sides to exercise restraint, but a failed one-sided condemnation of Russia. In that urgent decision saw a slight majority of judges in the two countries, ratified by anti-racism agreements provide a sufficient basis for jurisdiction of the International Court of Justice.

Russia had objected, not even here there is a dispute within the meaning of the Convention. The Hague, the judges see in her on Friday at the Peace Palace announced decision still not the case. But Georgia have made no attempt to engage with Russia in talks about the racism allegations.

It had not admitted to the procedure provided for in the agreement to establish the cause of the world. But that is a prerequisite for jurisdiction of the International Court of Justice. The decision on Friday on individual responses Russia against Georgia's request pertained to the decisive point with ten votes to six.

In addition, the judges decided that in October 2008 has urgent measures now should no longer existed. But the Court reminded the parties at the same time its continuing obligations under the Anti-Racism Agreement. Georgia had argued at the hearing in The Hague on reports from human rights organizations, sold by the hundreds of thousands of Georgians from Russia had been a right of return had been denied them.

That's an extreme form of racial discrimination, which was specifically intended to prevent the Agreement. Russia has stressed its presence in the breakaway provinces had no crew. There was no "hostile attitude towards the Georgian people." Receive Georgia in The Hague law, would be brought at any future conflict based on racial discrimination against the Interantional Court.

The Georgian Deputy Minister of Justice Tina Burjaliani expressed disappointment at the decision of the court, which goes back to a procedural defect.

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