18TH SESSION OF THE ASSEMBLY OF STATES PARTIES TO THE ROME STATUTE
Day 5 (6 December 2019)
Name of the Event: 11 Years After the August War: Uninterrupted Story of Impunity (Side Event co-hosted by the United Kingdom, Georgian Coalition for the International Criminal Court, and Justice International)
Overview by: Sindija Beta, Junior Research Associate PILPG-NL
Main Highlights:
There are 3 aspects preventing 2008 war victims from living a normal life – lack of medical care, access to education, and unemployment.
International outreach to Georgian society is of the utmost importance because of the active politicization of human rights abuses and the role of the ICC.
Nika Jeiranashvili informed the participants that Georgia plans to nominate a candidate for the prosecutorial elections of the ICC next year.
Summary of the Event:
The event started with an introduction by the moderator, Nika Jeiranashvili, on the general situation in Georgia – history of the conflict, the crimes committed, and the current situation. Mr. Jeiranashvili stated that the preliminary examinations began in 2008 and that the prosecutor further opened an investigation into crimes against humanity and war crimes in 2015. To start off the panel, he also flagged the many problems with the investigation.
Nino Jomarjidze continued the discussion by outlining the crimes that have been committed in and around South Ossetia, as well as the efforts that international civil society has taken in prosecuting those responsible. She began her presentation with some facts about Georgia – Russia relations and further discussed the territorial and human rights consequences of the 2008 war, such as arbitrary detainment, torture, and ill-treatment of people in South Ossetia. Ms. Jomarjidze also explained the concept of borderization – marking the boundary of South Ossetia and Georgia with barbed wire fences. She noted that these fences are constantly being moved further into the de-facto territory of Georgia, which has led to people losing their main sources of income or even waking up in a different state overnight. Ms. Jomarjidze continued by describing the steps that civil society and the Georgian government have taken regarding the alleged crimes. Specifically, she outlined that they have submitted applications to the International Court of Justice, the European Court of Human Rights, the International Criminal Court as well as conducted their own national investigations. She emphasized that continuing human rights violations are the result of 11 years of impunity. Accountability of the perpetrators may be a way for enhanced peace and security in the country and to stop continued human rights violations.
A later speaker, Mariam Antadze, focused on the psychological and physical consequences for the victims of the 2008 war. She began by reading a story of a little boy – Giviko, who described the day the bombs started to fall on his home and how he lost his mother and got seriously injured himself. Mariam explained that there are large numbers of people who have been deeply traumatized by the war and have lost their homes as a result. She noted that there are three main problems these IDPs now face – lack of medical assistance, education, and unemployment. She also stated that victims who live with these unbearable situations must be shown that they are not forgotten and therefore the aid of NGOs does indeed help people.
Greta Barbone turned the public’s attention to the role of media and international outreach for the prosecution of international crimes in Georgia. She spoke about the efforts which have been taken in order to facilitate the Court’s engagement with victims and the media. Ms. Barbone also introduced some future plans for more aggressive media engagement and international outreach, for instance by producing videos where answers are given to the most pressing questions about the Court. The main aim of these efforts, Ms. Barbone specified, is to establish sufficient knowledge about the Court within Georgian society and to counter some of the political attacks presented during election periods.
The importance of outreach was once more reiterated by Nika Jeiranashvili, noting that the issue is even more pressing considering the level of misinformation and fake news coming from the opposing side. He emphasized that it is all about the narrative told at the end of the process – by victims, as well as the society at large. Mr. Jeiranashvili furthermore explained the political developments in Georgia since 2012 and how the participants from the 2008 conflict are now being targeted for taking part in the war not only in Georgia but also in other countries, for instance, in Germany. Answering the questions from the public, Nino Jomarjidze acknowledged that so far efforts to prosecute perpetrators have not led to any positive developments. However, these efforts have neither escalated nor deescalated the ongoing tensions between all parties.
Lastly, Nika Jeiranashvili informed the participants that Georgia plans to nominate a candidate for the prosecutorial elections of the ICC next year.