Facing the Russian Invasion – Legal Response

Author will speak about an inter-state complaint Georgia lodged against Russia after the August 2008 war in South Osetia (Georgia‘s breakaway region), the judgment of the ECHR establishing the violation of six articles of the European Convention of Human Rights. Georgia is a state party to the Rome Statute and on March 10, 2022, ICC Prosecutor filed an application for warrants of arrest of three South Ossetian officials. The ICC investigats crimes against humanity (murder, forcible transfer of population and persecution) and war crimes (attacks against the civilian population, willful killing, intentionally directing attacks against peacekeepers, destruction of property and pillaging) committed in the context of August 2008 war. The paper discusses ECHR judgment regarding detention and collective expulsion of more than 2000 Georgian nationals from Russia, who were sent back to Georgia on cargo planes and the Grand Chamber established the violation of article 4 of Protocol No. 4.

Today, the armed forces of Russian Federation unlawfully occupies 20 percent of Georgian territory. Georgian state authorities are deprived of the opportunity to exercise their powers while the Russian Federation exercises effective control over the above-mentioned territories. There is constant practice of ethnic discrimination towards Georgians living in occupied territories. Russian Federation continues to further violate their basic rights and freedoms. This paper analyzes the types of international mechanisms available for the protection of human rights in the occupied territories. This work further discusses the issue the responsibility of the occupying power to protect the rights of persons living in the occupied territories under international human rights law. Under this umbrella, the study summarizes both international mechanisms and existing practice, as well as the judgments of the European Court of Human Rights.

The war of 2008 between Georgia and Russia is once again the topic of discussion among academia and wider public. The conflict was unexpected for many and even though it ended in a short time the consequences of the war are still a major challenge preventing Georgian society from fulfilling its historical goal to reintegrate with European institutions. The ongoing occupation of Georgian territories led Georgian lawmakers to design legal instruments to delegitimize various activities and initiatives that presented threat to Georgia‘s sovereignty and security. The special law was adopted in 2011 countering effects of the occupation. The law has become the subject of controversial debate and our presentation aims to introduce public to the content as well as debate surrounding the legal instrument. The presentation will address the key standards of the law and will analyze the various factors affecting their implementation

The Constitution of Georgia establishes the principle of territorial integrity. The inviolability of the state border is confirmed by the Constitution. Any Georgian citizen can move freely within the territory of the country and choose a place of residence. However, the 1992 and 2008 wars initiated by Russia and the ongoing occupation of Abkhazia and former South Osetia represents the infringement of constitutional norms. The war in Ukraine and the ongoing occupation of Crimea and other regions are the violations of territorial integrity clauses of the Constitution of Ukraine. These realities force us to think whether constitutions are effective safeguards in times of war. The panel will try to lay out the situations when basic laws could be useful and when they just fail to protect the people and the state.

Democracy and international security face significant challenges in the modern world. There is a violation of the universally recognized principles of law by the Russian Federation, which is manifested in the military invasion of the territory of other sovereign countries, Ukraine, Georgia and the occupation of their territories. These countries are trying to modernize the state, to introduce democracy, the rule of law, recognized human rights standards, which are threatened by the aggressive actions of the Russian Federation. Overcoming this threat, these countries see their full integration into the Euro-Atlantic area. To achieve this goal, Georgia and Ukraine, other countries have reflected Euro-Atlantic aspirations in the constitutions as a constitutional principle and policy agenda for the government. The paper discusses the new constitutional guarantees of Euro-Atlantic integration for the democratic and secure development of states in comparative perspective.