Georgia v. Russia (II)

Kanstantsin Dzehtsiarou

doi:10.1017/ajil.2021.7

Abstract

On January 21, 2021, the European Court of Human Rights (ECtHR or Court) issued its judgment in the interstate case of Georgia v. Russia (II). Georgia complained that Russia committed systemic human rights violations in the course of the 2008 war in South Ossetia and Abkhazia. Both of these regions are de jure parts of Georgia, but they have not been effectively governed by central Georgian authorities since the collapse of the Soviet Union in 1991. During the night of August 7–8, 2008, Georgian artillery attacked Tskhinvali (the administrative capital of South Ossetia). Russian forces entered South Ossetia and Abkhazia the next day. Russian and Georgian troops engaged in hostilities for five days, before agreeing a ceasefire on August 12, 2008. Since then, a significant military contingent of Russian troops has remained in South Ossetia and Abkhazia. The Georgian authorities complained of systemic violations of European Convention on Human Rights (ECHR) Articles 2 (right to life), 3 (prohibition of torture), 5 (right to liberty), and 8 (right to privacy), ECHR Protocol 1 Articles 1 (right to private property) and 2 (right to education), and ECHR Protocol 4 Article 2 (Freedom of movement).

Highlights

The ECtHR found no jurisdictional basis grounded in Russia’s effective control of South Ossetian and Abkhazian territory during the active hostilities phase
A significant military contingent of Russian troops has remained in South Ossetia and Abkhazia
The Georgian authorities complained of systemic violations of European Convention on Human Rights (ECHR) Articles 2, 3, 5, and 8, ECHR Protocol 1 Articles 1 and 2, and ECHR Protocol 4 Article 2 (Freedom of movement)

Summary

Introduction

The ECtHR found no jurisdictional basis grounded in Russia’s effective control of South Ossetian and Abkhazian territory during the active hostilities phase. On January 21, 2021, the European Court of Human Rights (ECtHR or Court) issued its judgment in the interstate case of Georgia v. The ECtHR considered whether jurisdiction could be established during the period of active hostilities on the basis of “State agent authority and control over individuals”

Results

Conclusion