About Civil.ge
Eng | Geo | Rus
Last updated: 10:55 - 1 May.'18
RSS
Mobile
Twitter
Facebook
Georgia's Case vs. Russia Fails to Proceed on Merits in ICJ
Civil Georgia, Tbilisi / 1 Apr.'11 / 13:27

President of the International Court of Justice, Judge Hasishi Owada, was reading the Court’s judgment into Russia’s objections at the Peace Palace in The Hague for more than an hour on April 1. Photo: Courtesy ICJ/Fotoburo Dijkstra BV/Peter Brom

Having upheld one of the Russian Federation’s preliminary objections, the Hague-based International Court of Justice (ICJ) ruled on April 1, that Georgia’s case against Russia “can not proceed to the merit phase.”

By ten votes to six the Court found that “it has no jurisdiction to entertain the application filed by Georgia on the 12th of August, 2008”, President of the International Court of Justice, Judge Hasishi Owada, announced at a public sitting of the court. 

  • Georgia's Reaction to ICJ's Ruling
  • Russia's Reaction to ICJ's Ruling 

    In its case filed before ICJ more than two years ago, Georgia claimed that Russia violated its obligations under the 1965 International Convention on the Elimination of All Forms of Racial Discrimination (CERD) during three distinct phases of its interventions in South Ossetia and Abkhazia in the period from 1990 to August 2008.

    But before the Court moved to consideration of the application on its merit, the Russian Federation in December, 2009 filed its preliminary objections arguing that ICJ had no jurisdiction to hear the case.

    Russia’s claim was based on several arguments; one of them argued that there had been “no dispute” between Tbilisi and Moscow over racial discrimination against the ethnic Georgian population of Abkhazia and South Ossetia and that Tbilisi had never formally raised the issue directly with Moscow.

    This argument was rejected by ICJ saying that “by the day on which Georgia submitted this application there was a dispute” between the two countries about Russia’s compliance with the obligations under CERD.
     
    Another argument put forth by Russia to claim that ICJ had no jurisdiction to hear the case on merits was related with procedures as defined in Article 22 of CERD; Russia argued that before going directly to ICJ, Georgia should have at first raised the issue before the UN’s Committee on the Elimination of Racial Discrimination and should have engaged in negotiations with Moscow on the matter.

    The Court upheld this argument by Moscow and said that Georgia neither attempted to negotiate specifically CERD-related matters with the Russian Federation nor used other mode of dispute resolution contained in Article 22 before referring the case directly to ICJ.

    ICJ’s April 1 ruling comes after it held public hearings into Russia’s preliminary objections in September, 2010.

  • Latest News
    01 May.'18 10:55
    We Have Moved to a New Platform
    Direct Your Bookmarks to https://civil.ge.
    29 Apr.'18 03:54
    Ruling Party Candidate Wins MP By-Elections
    Givi Chichinadze will represent Vani and Khoni single-mandate constituency in the Parliament of Georgia.
    28 Apr.'18 09:40
    Polls Open for Vani and Khoni MP By-Elections
    48,123 voters are eligible to cast their ballots in Vani and Khoni single-mandate constituency.
    27 Apr.'18 17:23
    State Dept’s Europe Affairs Point Man to Visit Tbilisi
    Wess Mitchell will meet senior government officials and address the NATO-Georgia Public Diplomacy Forum.
    27 Apr.'18 13:45
    In Quotes: Georgian Politicians on Ex-PM Bidzina Ivanishvili’s Comeback
    Bidzina Ivanishvili will be approved as the Georgian Dream party chairman at the upcoming convention.
    26 Apr.'18 18:15
    SG Jens Stoltenberg: Georgia NATO’s ‘Very Close’ Partner
    The NATO Secretary General says Foreign Ministers meeting tomorrow will recognize the country’s progress.
    26 Apr.'18 14:24
    Ex-PM Ivanishvili to Chair Georgian Dream Party
    Prime Minister Giorgi Kvirikashvili said Ivanishvili was ‘best equipped’ to add new dynamism to the party.
    26 Apr.'18 11:12
    Lawmaker Proposes Criminal Liability for ‘Insult of Religious Feelings’
    The parliamentary human rights committee decided to set up a working group for scrutinizing the draft law.
    25 Apr.'18 17:21
    New Abkhaz Government Head Appointed
    Gennady Gagulia has served as the Abkhaz “prime minister” twice - in 1995-1997, and 2002-2003.
    25 Apr.'18 14:43
    Watchdog Improves Georgia’s Press Freedom Ranking
    None of the countries of the former Soviet Union (except the Baltics) are ranked ahead of Georgia.

    About Civil Georgia
    Civil.Ge © 2001-2018, Daily News Online
    Registered office: 2 Dolidze Str, 4-th Floor.
    64