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Press Release of the Georgian Coalition for the International Criminal Court on the International Day of Justice

July 20, 2010


[Tbilisi – 17 July] –  On the International Day of Justice Georgian Coalition for the International Criminal Court – Human Rights Priority, Human Rights Centre, Union ‘Article 42 of the Constitution’, Union ‘21-st Century’, Centre for the Protection of Constitutional Rights, International Center on Conflict and Negotiation and Georgian Young Lawyers’ Association - expresses solidarity to victims of genocide, war crimes and crimes against humanity around the world.

The Coalition urges Georgian authorities, as well as the international community, to take concrete steps to make sure that those who committed serious crimes in the Russia-Georgia war in 2008 are held accountable. Some of these crimes have been documented by the members of the Georgian Coalition and other international organizations, such as: attacks on civilian population and civilian objects, taking civilians into hostage, murder, rape, looting, etc.

Twelve years ago on this date, the Rome Statute was adopted by an overwhelming vote of 120 states. The Rome Statute is an international treaty which founded the International Criminal Court. Today, 111 states have joined the Court, including Georgia in 2003 and the number keeps growing.

The International Criminal Court is the first permanent, treaty based, international criminal court established to investigate and prosecute those responsible for the most serious crimes of international concern, such as genocide, war crimes and crimes against humanity, in case the state party which has the jurisdiction over the case is unwilling or unable to carry out a genuine investigation and prosecution.

To date, 3 trials are being conducted at the ICC, investigations in 5 countries were opened, and twelve arrest warrants and three summonses to appear were issued. The OTP is conducting preliminary analysis in 6 countries in which crimes falling under the jurisdiction of the ICC might have been committed, among these situations is the Russia-Georgia was 2008.

Since 1993, 181 trials, dealing with terrible crimes committed in 12 countries, have been held by six international and special tribunals. Similar trials for the gravest crimes are ongoing at national levels.

International Justice Day is an opportunity for the world community to celebrate the historic advances in ending impunity for the worst crimes in international law. International Justice Day is a reminder of the urgency for all States committed to justice to ensure continued support for the Rome Statute’s international justice system.

Georgian Coalition for the ICC calls upon the ICC and its state parties to turn the promise of the Court into action that genocide, war crimes and crimes against humanity will not go unpunished.

Additional Information

The OTP made the preliminary examination public on August 2008. Both the Russian and Georgian authorities provided substantial information on their respective national investigations. The Office conducted a previous visit to Georgia in November 2008 and to Russia in March 2010. According to the Georgian side, investigation is ongoing into the crimes which were allegedly committed during the Russia-Georgia war in 2008 and fall under the jurisdiction of the ICC.
In June 2010 OTP visited Georgia the second time. The main purpose of the visit was to gather additional information from the Georgian authorities on the on-going national investigation into crimes allegedly committed in the context of the Russia-Georgia war in 2008. 

The members of the Georgian Coalition are providing assistance to the war-effected population:

Human Rights Priority – starting from August 2008 up to date the organization is providing legal aid to the war-effected population free of charge. For approximately 600 individuals the organization has provided free legal advice as well as representation before the courts; in particular, before the ECHR Human Rights Priority is representing the interests of those killed, wounded, having been taken into hostage, raped, etc.In civil and administrative courts in Georgia in the name of the war-effected population the organization is also demanding compensation for  material damages.

Human Rights Priority is also conducting regular monitoring of the living conditions of the war-effected communities and their legal needs in the villages located near the administrative boundary and issues reports on human security in those areas.

Human Rights Centre is representing free of charge the interests of 120 applicants versus Russia before the ECHR. Complaints mostly concern violations of the right to life, prohibition of torture, inhuman and degrading treatment, violation of the right to private and family life, right to property, prohibition of disctimination, etc.

In September 2008 the Human Rights Center together with the Austrian Helsinki Committee, Norwegian Helsinki Committee and Caucasian Center for Conflict and Human Rights  have documented evidence suggesting that crimes against humanity and war crimes may have been committed during Russia-Georgia war 2008. In order to establish the number of victims and take testimonies from eyewitnesses, the monitors visited Gori, Tskinvali, Khashuri, Kareli, Zugdidi.
These documented materials were submitted to the OTP by the Human Rights Centre.

Union ‘Article 42 of the Constitution’ is representing free of charge the interests of 407 applicants versus Russia before the ECHR. Complaints mostly concern violations of the right to life, prohibition of torture, inhuman and degrading treatment, illegal deprivation of liberty, violation of the right to private and family life, right to free movement, right to property, etc.

Union “21-st Century” is representing interests of 112 applicants versus Russia before the ECHR. Complaints mostly concern violations of the prohibition of torture, inhuman and degrading treatment, violation of the right to property, etc.

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