Thursday, August 14, 2008

ICJ: Request by Georgia for the Indication of Provisional Measures

Today, the Republic of Georgia submitted a request to the International Court of Justice for the indication of provisional measures in connection with its application, filed on Tuesday, against the Russian Federation. (Press release here; request for the indication of provisional measures here.) The request was made by Georgia to preserve its "rights . . . under the International Convention on the Elimination of All Forms of Racial Discrimination [CERD] to protect its citizens against violent discriminatory acts by Russian armed forces, acting in concert with separatist militia and foreign mercenaries." Specifically, Georgia requests that the Court order the following:

(a) the Russian Federation shall give full effect to its obligations under [the] CERD;

(b) the Russian Federation shall immediately cease and desist from any and all conduct that could result, directly or indirectly, in any form of ethnic discrimination by its armed forces, or other organs, agents, and persons and entities exercising elements of governmental authority, or through separatist forces in South Ossetia and Abkhazia under its direction and control, or in territories under the occupation or effective control of Russian forces;

(c) the Russian Federation shall in particular immediately cease and desist from discriminatory violations of the human rights of ethnic Georgians, including attacks against civilians and civilian objects, murder, forced displacement, denial of humanitarian assistance, extensive pillage and destruction of towns and villages, and any measures that would render permanent the denial of the rights to return of IDPs, in South Ossetia and adjoining regions of Georgia, and in Abkhazia and adjoining regions of Georgia, and any other territories under Russian occupation or effective control.