Independent International Fact-Finding Mission on the Conflict in Georgia

446 Pages·2009·30.48 MB·English

9 Independent International Fact-Finding Mission
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2 on the Conflict in Georgia

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Volume I Volume II Volume III
September 2009
Volume II
Table of Contents
Chapter 1: Historical Background and International Environment 1
Relations between Georgia and Russia
Relations between Georgia, the United States and NATO
Relations between Georgia and the European Union
Chapter 2: Conflicts in Abkhazia and South Ossetia: Peace Efforts 1991 – 2008 61
Introduction
Abkhazia
South Ossetia
Observations
Chapter 3: Related Legal Issues 125
The Legal Status of South Ossetia and Abkhazia
Self-Determination and Secession
“Passportisation”
Chapter 4: The Conflict: Views of the Sides 185
The Georgian View
The Russian View
The South Ossetian View
The Abkhaz View
Chapter 5: Military Events of 2008 199
Security-related events in the Georgian-Abkhaz conflict zone preceding the outbreak of
the August 2008 armed conflict
Outbreak of Large-Scale Hostilities
Military Operations on the Second (Western) Front
Georgian Operations
Russian Operations
Cyber War
Ceasefire Agreement
Casualties and Material Loses
Chapter 6: Use of Force 227
Threat of Force
Use of Force by Georgia
Use of Force by South Ossetia
Use of Force by Russia
Use of Force by Abkhazia
Chapter 7: International Humanitarian Law and Human Rights Law 295
Introduction
Applicable International Law
Main Facts and Related Legal Assessment
Allegations of Genocide
Main Findings and Lessons Learned
Cases Pending before International Courts
Chapter 8: Back to Diplomacy 439
Volume II
This volume contains a selection of contributions by experts in the military, legal,
humanitarian, human rights, political and historical fields. They were critically
reviewed by the Fact-Finding Mission and constitute the basis for this Report on the
Conflict in Georgia.
The elaboration, findings and opinions expressed in these texts do not necessarily
reflect the views of the Mission. In this regard, the views and findings as laid out in
Volume I shall be considered as authoritative.
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Acronyms

ASSR Autonomous Soviet Socialist Republic (autonomous republic)
APC Armoured Personnel Carrier
BMO Border Monitoring Operation
BTC Baku-Tbilisi-Ceyhan Pipeline
CERD International Convention on the Elimination of All Forms of
Racial Discrimination
CFE Treaty on Conventional Armed Forces in Europe
CFSP Common Foreign and Security Policy
CIS Commonwealth of Independent States
CIS PKF CIS Peacekeeping Force
CSCE Conference on Security and Cooperation in Europe
CSTO Collective Security Treaty Organisation
EAPC Euro-Atlantic Partnership Council
EC European Commission
ECHO European Community Humanitarian Office
ECHR European Court for Human Rights
EConvHR European Convention for the Protection of Human Rights and
Fundamental Freedoms
ECRML European Charter of Regional Minority Languages
ENP European Neighbourhood Policy
ESDP European Security and Defence Policy
EUMM European Union Monitoring Mission
EUSR European Union Special Representative
GSSR Georgian Soviet Socialist Republic
GTEP Georgia Train and Equip Programme
GUAM Organisation for Democracy and Economic Development,
including Azerbaijan, Georgia, Moldova, Ukraine
HRAM Human Rights Assessment Mission
HRL Human Rights Law
HROAG Human Rights Office in Abkhazia, Georgia
HRW Human Rights Watch
ICC International Criminal Court
ICCPR International Covenant on Civil and Political Rights
ICG International Crisis Group
ICJ International Court of Justice
ICRC International Committee of the Red Cross
ICTY International Criminal Tribunal for the former Yugoslavia
IDP Internally Displaced Person
IED Improvised Explosive Device
IGO International Governmental Organisation
IHL International Humanitarian Law
IIFFMCG Independent International Fact-Finding Mission on the Conflict in
Georgia
ILC International Law Commission
INGO International Non-Governmental Organisation
IPAP Individual Partnership Action Plan
JCC Joint Control Commission
JPKF Joint Peacekeeping Forces
KFOR Kosovo Force
MAP Membership Action Plan
MRLS Multiple Rocket Launching System
NAM Needs Assessment Mission
NATO North Atlantic Treaty Organisation
NGO Non-Governmental Organisation
NRC NATO-Russia Council
NSC National Security Council (Georgia)
ODIHR Office for Democratic Institutions and Human Rights
OHCHR Office of the High Commissioner for Human Rights
OSCE Organisation for Security and Cooperation in Europe
PACE Parliamentary Assembly of the Council of Europe
PCA Partnership and Cooperation Agreement
PfP Partnership for Peace
POW Prisoner of War
SAM Security Assessment Mission
SCO Shanghai Cooperation Organisation
SGBV Sexual Gender-Based Violence
SIZO Pre-Trial Detention Centre
SRSG Special Representative of the Secretary-General
SSOP Sustainment and Stability Operation Programme
SSR Soviet Socialist Republic
TACIS Technical Assistance for the CIS
TSFSR Transcaucasian Soviet Federative Socialist Republic
UAV Unmanned Aerial Vehicle
UNDHA UN Department of Humanitarian Affairs
UNDP UN Development Programme
UNHCR UN High-Commissioner for Refugees
UNIFEM UN Development Fund for Women
UNOMIG UN Observer Mission in Georgia
UNOSAT UN Institute for Training and Research (UNITAR) Operational
Satellite Application Programme
UNSC UN Security Council
UNSG UN Secretary-General
USSR Union of Soviet Socialist Republics
VCLT Vienna Convention on the Law of Treaties
WTO World Trade Organisation
Source: Fischer Weltalmanach, Fischer Taschenbuch Verlag, Frankfurt am Main, 2009

Source: Map No. 3780 Rev. 5, United Nations, Carthographic Section, August 2004
Source: Map of South Ossetia, International Crisis Group
Source: Joint Peacekeeping Force map, International Crisis Group
Source: Map of Western Georgia, International Crisis Group

Source: Map No. 3837 Rev. 61, United Nations, Carthograpic Section, May 2009 (Colour)
Chapter 1
Historical Background and International Environment
1. Relations between Georgia and Russia 2
History of an Ambivalent Relationship 2
Growing Confrontation 2004 – 2008 7
A Short Period of Calm 9
The Adjara Crisis in Spring 2004 11
The South Ossetia Crisis in Summer 2004 12
The Dispute over Russia's Peacekeeping Role in Georgia’s Conflict Zones 15
“Creeping annexation” 18
The Spy Scandal in Autumn 2006 19
Incidents of Violation of Georgian Airspace 24
Countdown to the Armed Conflict: the Geopolitical Context 25
Georgia’s Aspiration to Join NATO 25
Russia’s Kosovo Precedent Formula 26
The Escalation in 2008 29
Conclusion 32
2. Relations between Georgia, the United States and NATO 33
Introduction 33
1992 - 1995: No Crucial US Interests in Georgia 34
1995 - 2001: Energy Security and Military Cooperation 37
2001 - 2008: Strengthening Georgia’s Statehood 40
3. Relations between Georgia and the European Union 48
Introduction 48
1992 - 1995: Overcoming Instability 49
1995 - 2003: Establishing Partnership and Cooperation 50
2003 - 2008: Towards Common European Policies 53

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