The International Court of Justice had no jurisdiction to deal with the demand that Georgia brought against Russia in August 2008, accusing it of having carried out ethnic cleansing in the Georgian breakaway territories of South Ossetia and Abkhazia since the 90s. The ICJ made its decision by 10 votes in favor and six against.
The reason was that the parties did not maintain appropriate negotiations provided for in Article 22 of the Convention against Racial Discrimination of 1965, which bases its claim Georgia. However, judges recognize that there is a dispute between the two countries, indeed, it is racial discrimination.
Thus, rejected the objections of Russia, which argued that, at best, it could be an illegal use of force. On the other hand, the judges considered that this conflict only existed between 8 and 12 August 2008, after they started fighting in South Ossetia. Secretary of State for Justice of Georgia, Tina Burjaliani, admitted his disappointment in reading the ruling, but stated that "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.
" In addition, Burjaliani not rule again to report to Moscow and continue with the case. But before you intend to study the decision of the ICJ. For its part, the legal adviser of the Russian Ministry of Foreign Affairs, Kirill Gevorgian, welcomed the ruling and believes that the process has been blocked.
It also considered positively the fact that the Court "has not acknowledged a long-term dispute" between Russia and Georgia in August 2008 after the armed conflict between Georgia and Russia, the regions of South Ossetia and Abjaisa be declared in unilaterally independent. Moscow supported the position of the separatists.
In its application, Georgia argues that Russia supported the ethnic cleansing of Georgians in the territories independence by separatist forces. Moscow would have made effective this assistance through the provision of weapons, recruitment of mercenaries and even direct involvement of its troops. 
The reason was that the parties did not maintain appropriate negotiations provided for in Article 22 of the Convention against Racial Discrimination of 1965, which bases its claim Georgia. However, judges recognize that there is a dispute between the two countries, indeed, it is racial discrimination.
Thus, rejected the objections of Russia, which argued that, at best, it could be an illegal use of force. On the other hand, the judges considered that this conflict only existed between 8 and 12 August 2008, after they started fighting in South Ossetia. Secretary of State for Justice of Georgia, Tina Burjaliani, admitted his disappointment in reading the ruling, but stated that "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.
" In addition, Burjaliani not rule again to report to Moscow and continue with the case. But before you intend to study the decision of the ICJ. For its part, the legal adviser of the Russian Ministry of Foreign Affairs, Kirill Gevorgian, welcomed the ruling and believes that the process has been blocked.
It also considered positively the fact that the Court "has not acknowledged a long-term dispute" between Russia and Georgia in August 2008 after the armed conflict between Georgia and Russia, the regions of South Ossetia and Abjaisa be declared in unilaterally independent. Moscow supported the position of the separatists.
In its application, Georgia argues that Russia supported the ethnic cleansing of Georgians in the territories independence by separatist forces. Moscow would have made effective this assistance through the provision of weapons, recruitment of mercenaries and even direct involvement of its troops.
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