About Civil.ge
Eng | Geo | Rus
Last updated: 17:39 - 27 May.'16
RSS
Mobile
Twitter
Facebook
Georgia Says ICJ Ruling Leaves Room for Further Legal Actions Against Russia
Civil Georgia, Tbilisi / 1 Apr.'11 / 15:55

Deputy Justice Minister, Tina Burjaliani, at the public hearings of the International Court of Justice on April 1. Photo: Courtesy ICJ/Fotoburo Dijkstra BV/Peter Brom

The Hague-based International Court of Justice (ICJ) April 1 ruling is not putting an end to Georgia’s case against Russia and Tbilisi will seek to resolve “technical” problems in order to pave the way for consideration of the case on its merit by the Court, the Georgian government said.

“This case is not over with today’s hearing,” Tina Burjaliani, the deputy justice minister, who was representing the Georgian government at the hearings, said in a televised remarks from The Hague. “We are not going to stop our pursuit of justice because of coming upon a simple obstacle. We believe that this dispute should be resolved through international legal means and Russia should be held responsible for its illegal acts.”
 
In a written statement released shortly after the ruling was announced the Georgian government said that the ICJ’s decision “leaves open the possibility that once formal negotiations have been exhausted, it will have jurisdiction over the case.”

ICJ ruled on April 1 that “it has no jurisdiction to entertain the application filed by Georgia on the 12th of August, 2008” in which Georgia claimed that Russia violated its obligations under the 1965 International Convention on the Elimination of All Forms of Racial Discrimination (CERD) during three distinct phases of its interventions in South Ossetia and Abkhazia in the period from 1990 to August 2008.

The Court took this decision after upholding an argument by Moscow, which claimed that Georgia neither attempted to negotiate specifically CERD-related matters with the Russian Federation nor used other mode of dispute resolution contained in Article 22 before referring the case directly to ICJ on August 12, 2008.

The Court, however, rejected Russia’s another argument based on which Moscow was arguing that ICJ had no jurisdiction over the case. Russia argued that there was “no dispute” between Tbilisi and Moscow over racial discrimination against the ethnic Georgian population of Abkhazia and South Ossetia and that Tbilisi had never formally raised the issue directly with Moscow.

Rejection of Russia’s this argument by the Court was applauded by the Georgian government, which said that by doing so the Court in fact left the opportunity for Tbilisi to further pursue the case once resolving procedural issues related with the Article 22.

“We welcome the Court’s rejection of a core argument put forward by the Russian Federation that no dispute exists on the grounds of ethnic discrimination and ethnic cleansing,” Tina Burjaliani, the Georgian deputy justice minister said.

“The court has simply ruled that – due to a procedural technicality whereby the court requires further negotiations to take place between the two sides - the proceedings will not immediately lead to further consideration of the merits of the case against Russia. However, the court has left open the possibility that the case can proceed once the formal conditions for the exercise of jurisdiction by the Court, as required by the 1965 Convention, have been met,” she said.

Latest News
27 May.'16 17:39
MPs Debate Constitutional Ban of Same-Sex Marriage
It remains unclear when, or if the bill will be put on vote.
26 May.'16 20:27
Tskhinvali Postpones Referendum on Joining Russia to 2017
Breakaway region’s leader was proposing holding of referendum this summer.
26 May.'16 17:53
Georgia Marks Independence Day
Georgian, U.S., UK troops fresh from joint drills marched in ceremony marking Independence Day.
25 May.'16 16:09
UNM Boycotts Parliament Sittings in Protest Over Kortskheli Violence
UNM MPs said they will not attend sessions unless perpetrators of attack are held accountable.
25 May.'16 12:39
Venice Commission Looking into Georgia’s Controversial Bill on Constitutional Court
Commission’s opinion is expected on Friday, Georgian President’s adviser said.
25 May.'16 11:53
Police Question Men Involved in Kortskheli Violence, But No Charges Filed
Six men involved in the attack against UNM leaders were questioned without being charged.
25 May.'16 09:27
Kerry Congratulates Georgia on Independence Day
“We see Georgia as a leading example of democratic progress in the region,” Kerry said.
24 May.'16 15:05
Interior Minister Comments on Kortskheli Violent Incident
Police plan to ask the court to issue arrest warrants, the Interior Minister said.
23 May.'16 13:37
PM Condemns Election Violence in Kortskheli, Says ‘Perpetrators should be Punished’
“There will be a need for more mobilization of law enforcement agencies,” he said.
23 May.'16 10:26
GDDG Wins in Seven, UNM in Two Localities in Local By-Elections
UNM, which fielded candidates in four out of nine localities, are set to win two seats.

About Civil Georgia
Civil.Ge © 2001-2016, Daily News Online
Registered office: 2 Dolidze Str, 4-th Floor.
43