In collaboration with the Georgian organizations Caucasia and Georgian Human Rights Center and the Austrian Helsinki Committee, the Norwegian Helsinki Committee (NHC) is planning to document war crimes and other violations that might have taken place in connection with the armed conflict between Georgia and the Russian Federation. NHC’s Aage Borchgrevinck, right, wants to travel to Georgia in the beginning of September to start collecting data. (01-SEP-2008)
This article was written by NHC. It has been translated, edited and prepared for publication here by HRHF / Ralph Pluimert.
Independent human rights groups and independent media have reported on severe violations against both Russian and Georgian civilians in connection with the war that started in Georgia 7 August. It was observed that civilians were murdered and their properties plundered in connection to the Russian military advance in Georgia and Southern Ossetia. Paramilitary troops have assaulted civilians in areas that were controlled by Russian forces.
ICC´s jurisdiction
Since Georgia is a member of the International Criminal Court (ICC), the ICC’s jurisdiction is applicable to the crimes committed, if found to meet ICC´s categories of crimes over which the court has jurisdiction, and also the general ´threshold of gravity´ that normally applies. But the ICC will only be able to investigate war crimes if Georgian and Russian authorities prove unwilling and / or unable to execute a proper judicial process domestically. If so, this will be the first time Russian soldiers can come under the jurisdiction of the ICC. In addition to the possiblity of having the crimes committed before the ICC, cases against the two countries for violations of human rights can be also be opened at the European Court for Human Rights.
