28 October 2008, 13:15
Experts praise balanced decision of the Hague Tribunal on Georgia's claim against Russia
Georgian and Russian experts have treated the decision of the Hague Tribunal on the Georgia-versus-Russia suit on preliminary measures as "well-balanced". The main litigation and consideration of Russia's guilt in the conflict will take up to two years.
Kirill Koroteev, a lawyer of the HRC "Memorial", who specializes in international law, gave his comments on the October 15 decision of the UN International Court in relation to Russia and Georgia to the "Caucasian Knot" correspondent: "The decision of the Hague Tribunal was passed by eight votes against seven, which evidences that the Court was far from being unanimous - first of all whether it had jurisdiction to consider the case."
"In spite of the fact that basically the Court should not be politicized, the judge from Russia had insisted that the Court has no such jurisdiction, while the judge from Georgia stuck to the opposite opinion," said the lawyer.
Mr Koroteev has noted that the Court had specified preliminary measures not only concerning Russia, but also in relation to Georgia, notwithstanding the fact that Georgia was the claimant. An essential part of the measures implies an appeal to respect international conventions.
In particular, the Court has prescribed that Georgia and Russia observe the 1965 Convention on Prohibition of All Forms of Racial Discrimination in their activities in Abkhazia and South Ossetia. In this case, the Convention assumes discrimination on the basis of citizenship and ethnic origin, not skin colour.
The Court also ruled not to hamper deliveries of humanitarian aid to local population. To promote execution of the prescribed measures, the parties shall keep an eye on each other and, should any violations occur, inform the Court, which will scrutinize the evidences and settle any disputes of the parties.
Tengiz Ablotiya, the Tbilisi-based expert of the Centre of Extreme Journalism, told the "Caucasian Knot" correspondent that the decision of the Hague Tribunal brought the "feeling of moral satisfaction" to Georgian leaders, although they understand that "international courts have no real tools to affect the conflict."
Author: Anastasia Kirilenko, CK correspondent;