1 Apr 2011

UN / ICJ GEORGIA RUSSIA

The International Court of Justice (ICJ) today rendered its Judgment, dismissing the case filed by Georgia accusing Russia of ethnic cleansing. The Court found that it has no jurisdiction to entertain the application filed by Georgia on 12 August 2008. ICJ

Posted at: April 1, 2011 12:58 pm

Duration: 01:00

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STORY: UN / ICJ GEORGIA RUSSIA
TRT:  1.00
SOURCE: ICJ
RESTRICTIONS: NONE
LANGUAGE: ENGLISH / NATS

DATELINE: 1 APRIL 2011, THE HAGUE, NETHERLANDS

1.Wide shot, Great Hall of Justice
2.Wide shot, audience
3.SOUNDBITE (English) Hisashi Owada, President of the International Court of Justice (ICJ):
"The Court, 1A, by twelve votes to four, rejects the first preliminary objection raised by the Russian Federation."
4.Med shot, Russian delegation 
5.SOUNDBITE (English) Hisashi Owada, President of the International Court of Justice (ICJ):
"By ten votes to six, upholds the second preliminary objection raised by the Russian Federation."
6.Med shot, Georgian delegation 
7.SOUNDBITE (English) Hisashi Owada, President of the International Court of Justice (ICJ):
"By ten votes to six, finds that it has no jurisdiction to entertain the application filed by Georgia on the 12 of August 2008."
8.Various shots, judges exiting the Court

STORYLINE:

The International Court of Justice (ICJ), principal judicial organ of the United Nations, today (1 April) rendered its Judgment, dismissing the case filed by Georgia accusing Russia and of ethnic cleansing.

The Court found that it has no jurisdiction to entertain the application filed by Georgia on 12 August 2008.

On that date, the Republic of Georgia had instituted proceedings against the Russian Federation in respect to a dispute concerning "actions on and around the territory of Georgia" in breach of the International Convention on the Elimination of All Forms of Racial Discrimination (CERD). In its Application, Georgia had sought to ensure that the individual rights under the Convention "of all persons on the territory of Georgia are fully respected and protected".

Georgia had claimed that the Russian Federation, "through its State organs, State agents, and other persons and entities exercising governmental authority, and through the South Ossetian and Abkhaz separatist forces and other agents acting on the instructions of, and under the direction and control of the Russian Federation, is responsible for serious violations of its fundamental obligations under CERD".

The 10 – 6 Court's decision not to examine Georgia's complaint was based on the argument that Russia and Georgia "did not engage in negotiations with respect to the latter's compliance with its substantive obligations under CERD".

The Court rejected the first preliminary objection raised by the Russian Federation, according to which there is no dispute between Georgia and the Russian Federation.
It upheld a second preliminary objection according to which the Russian Federation asserts that Georgia is precluded from having recourse to the Court as it has failed to satisfy two procedural preconditions.

Georgian has vowed to continue to pursue the case despite today's ruling.