ICC opens investigation into situation in Georgia in 2008

The International Criminal Court (ICC) has started an investigation into crimes allegedly committed in and around South Ossetia, Georgia, in 2008, the court based in The Hague announced on Wednesday.

After examining a request, issued in October last year, by the prosecutor, and the supporting materials, the chamber concluded that there is a reasonable basis to believe that crimes within the ICC's jurisdiction have been committed in the situation in Georgia. Therefore the pre-trial chamber authorized the prosecutor to proceed with its investigation.

The suspected crimes include crimes against humanity, such as murder, forcible transfer of population and persecution, and war crimes, such as attacks against the civilian population, intentionally directing attacks against peacekeepers, allegedly committed during the international armed conflict between July 1 and Oct. 10, 2008.

The Georgia investigation is a novelty for the ICC. According to a statement by the ICC's chief prosecutor Fatou Bensouda, the timing of the start of the investigation was determined largely by the pace, and eventually, lack of national proceedings.

"Under the complementarity principle in the Rome Statute, the ICC cannot proceed if national authorities are already undertaking, or have undertaken, genuine domestic proceedings into the same cases," Bensouda stated.

"Until recently, the competent national authorities of both Georgia and Russia were not engaged in investigations against those who appeared to be most responsible for some of the identified crimes."

"These investigative measures, despite some attendant challenges and delays, appeared to be progressing," the prosecutor added. "However, in March last year, relevant national proceedings in Georgia were indefinitely suspended. The Office continues to monitor relevant proceedings in Russia, which, according to the Office's information, are still on-going."

The prosecutor has conducted a preliminary examination into the situation in Georgia since August 2008 and gathered information on alleged crimes attributed to the three parties involved in the armed conflict, the Georgian armed forces, the South Ossetian forces, and the Russian armed forces.

South Ossetia and Abkhazia broke away from Tbilisi's rule during a war in the 1990s that followed the collapse of the former Soviet Union.

Russia and Georgia fought a five-day war in August 2008, when Georgia attacked South Ossetia to retake the renegade region that borders Russia. In response, Moscow sent in troops to drive Georgian forces out of the region. Russia recognized South Ossetia and Abkhazia as independent states two weeks after the conflict ended.

Hundreds of people were reportedly killed during the conflicts. Villages, towns and the South Ossetian capital Tskhinvali were largely destroyed. Tens of thousands were forced to flee their homes.

Georgia joined the ICC in 2003, giving the court jurisdiction over crimes of genocide, crimes against humanity, and war crimes committed on its territory or by its nationals. Russia has not joined the ICC.

Under the ICC treaty, the prosecution can seek to open an investigation on its own motion, without a request by either a country or the UN Security Council.

But it first needs the authorization of an ICC pre-trial chamber. Judges will rely on the materials submitted by the prosecution to determine whether there is a "reasonable basis" to proceed. Victims may also make their views known to the pre-trial chamber. Endi