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ICC to investigate alleged war crimes in South Ossetia
Prosecutor states evidence of killings, evictions exist · Attacks by Russian, Georgian, South Ossetian forces under scrutiny
The Rome Statute, the founding treaty of the ICC, was ratified by Georgia in 2003. After the war that took place in August 2008 between the Georgian and Ossetian military forces (the latter also being backed by Russian and Abkhazian forces), the ICC Prosecutor announced a preliminary examination of the situation. This led her to believe war crimes were committed during the period between 1st July and 10th October 2008.
The Prosecutor stated that she has evidence that shows that 113 ethnic Georgian civilians were killed by South Ossetian forces, and 12 peacekeepers were killed by both sides, which would mean that war crimes were therefore committed by Georgian, South Ossetian and Russian forces. In addition to this, there seems to be evidence that 18,500 people were forcibly displaced as a result of a campaign by the South Ossetian authorities to remove ethnic Georgians from the region, which resulted in a reduction of the local ethnic Georgian population by 75%. If true, this systematic persecution of the civilian population by the South Ossetian forces would also represent a crime against humanity, as stated in article 7 of the Rome Statute. The Prosecutor seems to have proof of other alleged crimes, including disproportionate and indiscriminate attacks by both Russian and Georgian forces.
On 27 January 2016, Pre-Trial Chamber I authorised the Prosecutor to proceed with the proposed investigation, as the judges in the panel considered that there is a reasonable basis to believe the crimes committed fall within its jurisdiction, and that national authorities have not that carried out appropriate investigations. The ICC cannot act if genuine domestic investigations are underway or have been completed. Georgia was carrying out investigations of some cases, but these were indefinitely suspended last March, therefore making jurisdiction available to the ICC.
This authorisation to proceed means that a full investigation is going to be conducted in order to determine the cases that could potentially be brought before the Court, where they are proved to be within competence of the ICC, as stipulated by the Rome Statute. There is no timeframe for the investigation and it will therefore go on for as long as needed for gathering evidence.
Whether Russia was actually exercising control over South Ossetian forces has long been discussed. The ICC panel seems to agree that that is the case, which means that the fighting would have not been a domestic armed conflict, but rather an international conflict - even before the intervention of Russian forces. However, since in both cases the war crimes allegedly committed remain under the jurisdiction of the ICC regardless of the nature of the conflict, the panel stated that it is “irrelevant at the present stage”.
At present, South Ossetia remains de facto independent from Georgia, although the latter has not recognised it. Nevertheless, it has been estimated that about 90% of the region’s budget comes from Russia, which would indicate that such “independence” is very relative. In March 2014, a so-called treaty on alliance and integration was signed between South Ossetia and Russia, envisaging closer ties between the parties, such as the provision of Russian passports to all citizens of South Ossetia who still do not have them. Last October, the president of South Ossetia, Leonid Tibilov, in a meeting with a Russian presidential official, expressed his desire to set up a Crimean-style referendum on joining Russia - although he did not specify a timeframe.
The investigation comes at a time when the relations between the West and Russia are deteriorating, due to the situation in Ukraine and Syria, and the sanctions imposed by the West which have had a great impact on Russia’s economy. The outcome of the ICC’s investigation could thus potentially further aggravate the situation.