The International Court of Justice and the Georgia/Russia Dispute

Abstract

On1April 2011, the International Court of Justice (ICJ or ‘International Court’) upheld Russia’s preliminary objections in the case brought against it by the Republic of Georgia, bringing a swift and dramatic end to one of the most bizarre disputes to have come before the International Court. The dispute was preceded by a public military confrontation between the two states, with both sides making claims and counterclaims about the alleged violations of the international law norms on the use of force. It was therefore surprising that the dispute that finally found its way before the International Court was not about the international law norms on the use of force, but the alleged violations by Russia of the provisions of the International Convention on the Elimination of All Forms of Racial Discrimination 1965 (CERD). Although the Court has now concluded, by ten votes to six, that it has no jurisdiction under