La controversia tra Georgia e Russia davanti alla Corte internazionale di giustizia: l'ordinanza sulle misure provvisorie del 15 ottobre 2008

Abstract

- In its Order of 15 October 2008, rendered in the case concerning Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Georgia v. Russian Federation), the International Court of Justice indicated provisional measures directing both Parties, inter alia, to ensure that no action of racial discrimination be taken against the persons living in the Georgian territory of South Ossetia and Abkhazia. The Court's Order deals with interesting issues concerning the extraterritorial application of the Convention on Racial Discrimination, the interpretation of the compromissory clause embodied in Article 22 of the Convention and the relationship between human rights law and humanitarian law. The most debated issue, however, revolved around the question as to whether there existed a dispute between the Parties as to the interpretation and application of the Convention. While Georgia may have used its unilateral application for political purposes which are connected to the broader conflict following Russian military intervention of August 2008, it is argued that the Court's decision on the existence prima facie of a dispute and of its jurisdiction appears to be a sound one.