Karim A.A. Khan KC, Prosecutor of the International Criminal Court in the Hague, announced conclusion of an ICC investigation on the Russia-Georgian war of 2008, finding no war crimes or violations of the Rome Statute were committed by Georgia. Mr Khan also reiterated three warrants issued by the ICC earlier.
These individuals charged for committing war crimes against Georgian civilians include Russian Major General and the-then Deputy Commander of Russia’s Airborne Troops Vyacheslav Borisov, reportedly deceased.
Lieutenant General and Russian national Mikhail Mindzaev, who in 2008 was so-called Interior Minister of South Ossetia. Gamlet Guchmazov, Head of the Preliminary Detention Facility of South Ossetia in 2008 and David Sanakoev, so-called Ombudsman of South Ossetia in 2008 and its so-called Foreign Minister between 2012-2015.
While the investigation is now regarded as concluded, the next step for the ICC to proceed ought to be detention of the charged individuals and putting them on trial in the Hague.
Even though Russia is not signatory to the Rome Statue and will not cooperate or extradite its citizens, the decision promises to have significant implications for Georgia.
Mr Khan also said the crimes “representative of a wider pattern of criminality which included the widespread looting and destruction of Georgian villages and homes and the denial of the right of return of almost all of the Georgian population of the Tskhinvali region.”
With this decision, the ICC also buried Russian claims – which it used as one of the pretexts for the invasion in 2008 that Georgia committed a “genocide” of Ossetians and killed 2,000 civilians.
Some experts like Giorgi Chitidze of the Open Society – Georgia’s Rule of Law Programme, have suggested the decision sets ground for Georgia to push for reparations from Russia in the future.
“To be an aggressor – leaving aside the absurdity of attacking Russia on your own territory – and not commit any abuses is almost impossible,” he added.
Although the ICC does not deal with the question of the war’s start – still blamed on Georgia’s political leadership of the time by Georgian Dream – the Court’s decision was cold shouldered by the Georgian Government and its leaders.
Neither Prime Minister nor President have made any public comments so far.
Other leaders, like Georgian Dream Chair Irakli Kobakhidze stressed the ICC did not explicitly deal with the war’s start and used the occasion to attack the opposition.
Gen Mamuka Kurashvili (ret) who commanded Georgia’s peacekeeping unit in 2008 said the death of Gen Borisov is not confirmed and speculated the Russian Government may be hiding him in order to ensure highest political leadership is not implicated.
“When Georgia attacked South Ossetia, we were the victim and Georgia was the aggressor. Now, the ICC wants present us as criminals and Russia as an aggressor that attacked Georgia on August 8, 2008,” David Sanakoev told Russian media.
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