Стр. 31 - V

http://interaffairs.ru
Author : S. Shatalova
Postgraduate student at the Department of International Law, Moscow State Institute (University) of the Min-
istry of Foreign Affairs of Russian Federation
ON JANUARY 27, 2016, Pre-Trial Chamber I of the Inter-
national Criminal Court satisfied a request from the ICC pros-
ecutor, Gambian national Fatou Bensouda, for authorizing an
investigation into the 2008 "situation in Georgia," meaning a
probe into alleged international crimes "in and around" South
Ossetia, which the ICC, in line with the position of the ma-
jority of nations and international organizations, considers
part of Georgia. Former ICC prosecutor Luis Moreno
Ocampo had begun a preliminary examination of the South Ossetian crisis on his own initiative
while the Russian operation to force Georgia to end its armed action was still in progress.
Unlike the International Court of Justice and the ECHR, the ICC has no authority to prosecute na-
tions - it "investigates and, where warranted, tries individuals charged with the gravest crimes of
concern to the international community."
The South Ossetian crisis is the first event outside Africa to be taken up by the ICC since the court
was set up in 2002.
According to the official Russian position, Russia was in a state of international armed conflict with
Georgia from August 7 to August 12, 2008, after Georgian forces attacked Russian peacekeepers
late on August 7.
All other war crimes and crimes against humanity investigated by the Chamber are imputed to the
South Ossetian forces and "were reportedly committed with a view to forcibly expelling ethnic
Georgians from the territory of South Ossetia in furtherance of the overall objective to change the
ethnic composition of the territory, sever any remaining links with Georgia and secure independ-
ence."
The ICC does not normally prosecute suspected rank-and-file perpetrators of crimes or middle-
ranking officials. It mainly takes action against top military or political leaders of countries or leaders
of anti-government movements.
In the South Ossetia case, former South Ossetian president Eduard Kokoyty is highly likely to be
among the accused: according to the ICC prosecutor, he oversaw a systematic campaign to expel
ethnic Georgians from South Ossetia.
MOSCOW should take measures to protect Russian nationals from politicized prosecution by the
ICC.
Since Russian armed forces are increasingly involved in peacekeeping and fighting international ter-
rorism, it might be an advisable long-term objective to update programs of teaching international
humanitarian law to Russian military and security personnel and civil servants by enlarging sections
on international court practices.
Investigation of the South Ossetian Crisis of 2008 by the Interna-
tional Criminal Court: Risks for Russia