INTERNATIONAL CRIMINAL COURT AND INVESTIGATION INTO THE SITUATION IN GEORGIA

Abstract

Over three years have passed since the Pre-Trial Chamber of the International Criminal Court (ICC) has authorized Prosecutor Fatou Bensouda to open investigation into crimes allegedly committed during the 2008 conflict between Georgia and Russia. The matter had already been subject to apreliminary examination by the ICC Office of the Prosecutor (OTP) since 2008.

In the meantime, human rights defenders have carried out numerous efforts to seek justice for the victims. However, these efforts turned out mostly ineffective as national investigations in Georgia and Russia failed due to political unwillingness and inability to prosecute potential perpetrators. In addition, no progress had been made in regional human rights courts despite hundreds of complaints lodged to the European Court of Human Rights on behalf of thousands of victims from all sides.

The 2008 conflict appeared to be an issue that was too big and serious to be confronted at the local or even regional, level. Consequently, the ICC investigation had become the only viable option for the victims to seek justice. After almost eight years of waiting, the ICC investigation has brought a hope for victims that justice would prevail. It was perhaps a pivotal moment for the court as well because this was the first time the ICC was going to investigate a situation outside Africa. It was also the first time the court was going to deal with an international armed conflict involving a powerful UN Security Council member state, which is not a party to the Rome Statute.

Over three years have passed since the opening of the investigation. During this time the ICC has not been able to issue an arrest warrant against any individual from either side. This is a considerable delay compared to any previous situation that the court has dealt with.

Last year, the international community celebrated the 20th anniversary of the Rome Statute, marking a significant achievement of establishing a permanent institution to deal with the world’s most horrendous crimes. At the same time, the victims of the 2008 conflict commemorated 10 years since the violence occurred. Throughout the last decade, many victims have passed away, thousands of displaced people are living in dire conditions, and civilians are living in fear. Families of the lost ones and the remaining victims are losing hope that they will ever get justice.

The following article aims to shed light on the ICC investigation of the Georgia Situation. It will entail discussion on the legal basis and scope of the investigation, unique nature of the process, accompanying challenges, progress made and the most recent developments. By doing so, hopefully it can help to raise awareness amongst the international community and to bring the much-needed attention to the situation, while there is still time to make the ICC investigation meaningful for those who are supposed to be in the center of the process.