Legal problems of international cooperation
On the UN International Court of Justice Hearings in Georgia v. Russia Case
Hearings were held at the United Nations International Court of Justice in The Hague between September 13 and 17 on the issue of the Court's jurisdiction in the case of Georgia versus Russia whereby Tbilisi has accused our country of violating the International Convention on the Elimination of All Forms of Racial Discrimination in respect of the Georgian population of Abkhazia and South Ossetia.
At this stage of the proceedings the Court is to determine whether it has jurisdiction, i.e. power to hear the Georgian lawsuit following the objections presented by the Russian party.
The key element in the argument of the Russian party was the thesis of the absence of a dispute between Russia and Georgia with regard to the Convention. In particular, strong evidence was presented that in the framework of the negotiation processes throughout the long years of the Georgian-Abkhaz and Georgian-Ossetian conflicts Georgia had not put forward any claims against Russia alleging violations by our country of the provisions of the Convention. The representatives for the Russian party during the hearings pointed out that Georgia had applied to the Court only after the failure of its military adventure in South Ossetia. They called the filing of Georgia's lawsuit with the Court an attempt "to continue the war by other means" and highlighted the absolute inadmissibility of the unlawful use of force as a way to resolve existing problems in the region.
The statement of a lack of jurisdiction by the Court at this hearing stage will result in the termination of the proceedings.
The Court's judgment on the issue of jurisdiction in this case is not expected until the spring of 2011.
September 21, 2010