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Resolution 1633 (2008)
The consequences of the war between Georgia and Russia
1. The Parliamentary Assembly is firmly
committed to the pursuit of peace and the principles embodied in the
Statute of the Council of Europe (ETS No. 1): democracy, human rights
and the rule of law, as well as to principles of state sovereignty,
the right to territorial integrity and the inviolability of state
frontiers. Respect for these principles is an obligation incumbent
upon all member states of the Council of Europe.
2. When joining the Council of Europe, both Georgia and Russia
committed themselves to settle conflicts by peaceful means and in
accordance with the principles of international law.
3. The Assembly condemns the outbreak of war between two member
states of the Organisation and deplores the human suffering it has
caused.
4. The Assembly is conscious that, although the outbreak of the
war on 7 August 2008 may have come unexpectedly to most of its members,
it was the result of a serious escalation of tension, with provocations
and ensuing deterioration of the security situation, which had started
much earlier. Steps to reduce tension were not taken and the possibility
of military intervention became an option for both sides in the
conflict. This is unacceptable for the Assembly. It is of the view
that in the end the peacekeeping format proved that it could not
fulfil its intended function and that the peacekeepers did not succeed
in their mission to protect the lives and property of the people
in the conflict area. It therefore regrets that earlier calls to
discuss a change in the format of the peacekeeping and conflict
resolution process were rejected by South Ossetia and Russia.
5. However, the initiation of shelling of Tskhinvali without
warning by the Georgian military, on 7 August 2008, marked a new
level of escalation, namely that of open and fully fledged warfare.
The use of heavy weapons and cluster munitions, creating grave risks
for civilians, constituted a disproportionate use of armed force
by Georgia, albeit within its own territory, and as such a violation
of international humanitarian law and Georgia’s commitment to resolve
the conflict peacefully.
6. At the same time, the Russian counter-attack, including large-scale
military actions in central and western Georgia and in Abkhazia,
equally failed to respect the principle of proportionality and international humanitarian
law, and constituted a violation of Council of Europe principles,
as well as of the statutory obligations and specific accession commitments
of Russia as a member state. It led to the occupation of a significant
part of the territory of Georgia, as well as to attacks on the economic
and strategic infrastructure of the country, which can be deemed
to be either a direct attack on the sovereignty of Georgia and thus
a violation of the Statute of the Council of Europe, or an attempt
by Russia to extend its influence over a “near abroad” state in
violation of its accession commitment to denounce such a concept.
7. In this respect, the Assembly considers that, from the point
of view of international law, the notion of “protecting citizens
abroad” is not acceptable and is concerned by the political implications
of such a policy by the Russian authorities for other member states
where a substantial number of Russian citizens reside.
8. The Assembly believes that truth is a precondition for reconciliation.
Since the facts surrounding the outbreak of the war are disputed
by both Georgia and Russia, they should be established, in an objective manner,
by an independent international investigation. The Georgian authorities
have indicated that they would welcome such an international inquiry
and the Russian members of parliament have also indicated that they would
not object to this proposal. This investigation should not be limited
to the outbreak of the war, but should also focus on the years leading
up to the conflict.
9. The Assembly condemns the recognition by Russia of the independence
of South Ossetia and Abkhazia as a violation of international law
and Council of Europe statutory principles. The Assembly reaffirms
its attachment to the territorial integrity and sovereignty of Georgia
and calls on Russia to withdraw its recognition of the independence
of South Ossetia and Abkhazia and respect fully the sovereignty
and territorial integrity of Georgia, as well as the inviolability
of its frontiers.
10. The Assembly particularly deplores the fact that the recognition
of independence was prompted by the unanimous demand of both houses
of the Parliament of Russia, the State Duma and the Council of the Federation.
It is seriously concerned that the act of recognition, followed
by the recent signing by Russia of friendship and co-operation treaties
with the de facto authorities in Tskhinvali and Sukhumi, hinders
the implementation of the European Union-brokered ceasefire agreement,
as well as the provision of humanitarian aid and monitoring of the
implementation of the ceasefire agreement by independent observers.
11. The Assembly is concerned about the human rights and humanitarian
law violations committed by both sides in the context of the war,
such as the intentional or avoidable killing or wounding of civilians,
as well as destruction of property. In particular, the use of indiscriminate
force and weapons by both Georgian and Russian troops in civilian
areas can be considered as war crimes that need to be fully investigated.
12. Russia appears not to have succeeded in its duty, under the
1907 Hague Convention (IV) on the Laws and Customs of War on Land,
to prevent looting, maintain law and order and protect property
in the areas under the de facto control of its forces. In this respect,
the Assembly notes that Russia bears full responsibility for violations
of human rights and humanitarian law in the areas under its de facto
control. In the light of the case law of the European Court of Human
Rights, this also concerns acts committed at the behest of the de
facto authorities in Tshkinvali.
13. The Assembly is especially concerned about credible reports
of acts of ethnic cleansing committed in ethnic Georgian villages
in South Ossetia and the “buffer zone” by irregular militia and
gangs which the Russian troops failed to stop. It stresses in this
respect that such acts were mostly committed after the signing of
the ceasefire agreement on 12 August 2008, and continue today.
14. The total number of deaths and persons wounded has been the
subject of controversy. The most recent independent estimates indicate
that 300 persons were killed and approximately 500 were wounded
on the South Ossetian and Russian sides, and that 364 persons were
killed and 2 234 were wounded on the Georgian side. These figures
are far lower than those initially advanced in particular by Russia.
Some 54 persons remain missing from the conflict on the Georgian
side and 6 persons are missing on the South Ossetian side. The International
Committee of the Red Cross (ICRC), however, continues to receive
tracing requests from families of the missing.
15. Some 192 000 persons were displaced as a consequence of the
war. The Assembly is concerned that a total of 31 000 displaced
persons (25 000 from South Ossetia and 6 000 from Abkhazia) are
considered to be “permanently” unable to return to their original
places of residence. These numbers should be seen in the context
of the approximately 222 000 persons who remain displaced from the
previous conflict in the early 1990s.
16. The Assembly welcomes the role played by the Council of Europe
Commissioner for Human Rights who travelled to the region in August
and September 2008, organised the exchange of prisoners and spelled
out six principles for urgent protection of human rights and humanitarian
security. The Assembly fully supports these principles.
17. The Assembly welcomes the initiative of the Swedish Chairmanship
of the Council of Europe Committee of Ministers which, inter alia, convened an informal
extraordinary meeting of the ministers for foreign affairs of member
states of the Council of Europe on 24 September 2008 in order to
prepare the response of the intergovernmental sector of the Organisation
to the crisis.
18. The Assembly further welcomes the fact that the European Union,
under the French Presidency, has been actively involved since the
outbreak of the conflict and recalls its earlier appeals to this
effect in its Resolution
1603 on the honouring of commitments and obligations
by Georgia, adopted in January 2008. The Assembly further invites
the European Union to strengthen its own monitoring mission on the
ground and give it a mandate and resources not only to monitor,
but also to protect persons and property, pending the restoration
of public security by the Georgian police.
19. The Assembly also welcomes the proposal of the Turkish Government
concerning a “Caucasus stability and co-operation platform” as a
complementary and constructive initiative.
20. The Assembly calls on the Russian authorities to allow observers
from both the European Union and the Organization for Security and
Co-operation in Europe (OSCE) to have access to South Ossetia and
Abkhazia, which are under the de facto control of Russia. In addition,
differences about the role of European Union observers in the so-called
“buffer zone” may lead to an even further deterioration of the security
situation in this area, impeding the return of displaced persons
after Russian troops have withdrawn from it.
21. The Assembly welcomes the quick reaction of the international
community in providing assistance to the region. It welcomes the
fact that the Russian authorities have provided generous support
to refugees from South Ossetia and that the Georgian authorities
similarly have mobilised considerable resources to meet the immediate
needs of those persons displaced within Georgian territory under
their effective control. However, the Assembly is concerned that
the recognition by Russia of the independence of South Ossetia and
Abkhazia is hindering the effective deployment of humanitarian aid
in these areas.
22. In view of the above-mentioned considerations and taking into
account in particular the findings of the ad hoc committee of its
Bureau, which visited Georgia and Russia in the context of the war
from 21 to 26 September 2008, the Assembly urges Georgia and Russia
to:
22.1. implement unconditionally
all points of the European Union-brokered ceasefire agreement. This implies,
in particular, the obligation for Russia to withdraw its troops
to positions ex ante the conflict
and refrain from any act of provocation to justify maintaining the
presence of Russian troops in the so-called “buffer zone”;
22.2. enable OSCE and European Union observers to be deployed
into South Ossetia and Abkhazia; Russia should also withdraw its
recognition of independence of South Ossetia and Abkhazia;
22.3. co-operate fully in the establishment of an independent
international investigation to look into the precise circumstances
surrounding the outbreak of the war; this initiative should be without
prejudice to the work of inquiry committees set up or to be set
up within their own parliaments, which the Assembly fully supports;
22.4. work towards the creation of a new peacekeeping format
and to internationalise the peacekeeping force, with the active
participation of Council of Europe and European Union member states,
in order to establish genuine conditions for the start of a peace
process;
22.5. participate unconditionally in the Geneva talks scheduled
for 15 October regarding the modalities of stability and security
in South Ossetia and Abkhazia. In this respect the Assembly regrets
that these talks will now only take place at expert level;
22.6. refrain from inflammatory discourse and take steps to
maintain good neighbourly relations;
22.7. ensure effective respect for all human rights under the
European Convention on Human Rights (ETS No. 5) and humanitarian
norms under the 1949 Geneva Conventions and their additional protocols on
the territories under their de facto control;
22.8. investigate all allegations of human rights violations
committed during the war and in its aftermath, and hold the perpetrators
to account before the domestic courts;
22.9. allow safe and unhindered access by the media to the conflict
zone, in accordance with Assembly Resolution 1438 (2005) on freedom
of the press and the working conditions of journalists in conflict zones;
22.10. make full use of available means of peaceful conflict
resolution, including, as appropriate, the European Court of Human
Rights, the International Court of Justice and the International
Criminal Court, in order to resolve the underlying conflict situation;
in this context, implement the interim measures ordered by the European
Court of Human Rights on 12 August 2008, upon the request of the
Georgian Government, as well as any forthcoming judgments of the
Court concerning alleged violations of human rights relating to
the conflict;
22.11. join the United Nations Convention on Cluster Munitions.
23. The Assembly calls on all parties to the conflict, namely
Georgia, Russia and the de facto authorities in South Ossetia to:
23.1. take urgent measures to guarantee
the security of all persons within the region of South Ossetia, and
those in the so-called “buffer zone”. The de facto authorities in
South Ossetia and the Russian forces have, in particular, the obligation
to:
23.1.1. stamp out lawlessness (including physical assault,
robbery, kidnapping, harassment, looting and torching of property),
in accordance with Article 43 of the Hague Convention (IV) of 1907
and the Fourth Geneva Convention of 1949;
23.1.2. provide, without delay, the Office of the United Nations
High Commissioner for Refugees (UNHCR) and all humanitarian organisations
with unhindered access to the areas affected by the conflict, in
particular in the region of South Ossetia and the so-called “buffer
zone”. All organisations providing humanitarian assistance in these
areas should be guaranteed safety.
23.2. remove all mines and unexploded ordnance. This implies
all parties to the conflict exchanging information on the use and
location of such materials, and also the involvement of experts
on mine and ordnance location and removal. The people living in
these areas, as well as other persons concerned, must be made aware
of the dangers of mines and unexploded ordnance;
23.3. co-operate fully with all international monitoring missions,
whether from the United Nations (UN), the OSCE, the European Union,
the Council of Europe or any other international body and grant
these organisations full access to the conflict regions;
23.4. ensure that all persons displaced by the conflict have
the right to return on a fully voluntary basis and to refrain from
using displaced persons as political pawns when tackling the issue
of return. Furthermore, all internally displaced persons should
have the right to return in safety and dignity, or to resettle voluntarily
or integrate locally;
23.5. release and exchange immediately hostages, prisoners of
war and other persons detained as a result of the conflict, without
requiring reciprocity from any of the parties;
23.6. solve the issue of missing persons from the recent conflict
and the earlier conflict, ensuring that the issue is treated as
a humanitarian issue and not a political issue. Furthermore, establish
a multilateral co-ordination mechanism with commissions in charge
of searching for missing persons;
23.7. take concrete measures to fully and effectively implement
the Council of Europe Commissioner for Human Rights’ six principles
for urgent protection of human rights and humanitarian security
drawn up after his August 2008 visit to the region.
24. The Assembly calls on all member states and states with observer
status with the Organisation to:
24.1. not
recognise the independence of South Ossetia and Abkhazia;
24.2. intensify their efforts to provide humanitarian assistance
to the victims of the conflict, including:
24.2.1. the pledging
and delivery of aid and assistance for immediate urgent needs and
those of a more long-term nature;
24.2.2. assistance covering basic needs, accommodation, health
care, including care for trauma victims, support for the livelihood
of victims, etc.;
24.2.3. particular support for vulnerable persons, including children,
the aged and the sick and infirm;
24.3. maintain a focus on the needs of the 222 000 persons who
remain displaced from the previous conflict over Abkhazia and South
Ossetia, as well as those displaced from earlier conflicts in the
North Caucasus;
24.4. formally condemn the ethnic cleansing taking place in
the areas under the effective control of Russian forces and of the
de facto authorities in South Ossetia;
24.5. ensure, to the extent that they are also members of the
North Atlantic Treaty Organization (NATO), that the NATO assessment
of the military build-up with respect to this war be made public;
24.6. make available to the independent international investigation
into the circumstances surrounding the outbreak of the war all relevant
satellite data they may have in their possession.
25. Because of the human rights violations and the humanitarian
challenges resulting from the conflict between Russia and Georgia,
the Assembly invites its Bureau to ensure that the Assembly remains
seized of the matter through its competent committees and to step
up its monitoring procedure with respect to both countries.
26. The Assembly resolves to convene an international conference
to reflect on establishing and improving existing early warning
systems to prevent the escalation of conflicts into fully fledged
wars.
27. The Assembly invites the Secretary General of the Council
of Europe to consider the establishment, possibly in consultation
with the Commissioner for Human Rights, of a special human rights
field mission of the Council of Europe with unhindered access to
all areas affected by the war.
28. The Assembly also invites the Secretary General of the Council
of Europe to consider availing himself of his powers under Article
52 of the European Convention on Human Rights in particular for
the purpose of asking the Russian authorities to provide information
on how the rights guaranteed by the Convention in zones under their
de facto jurisdiction are effectively secured, and the Georgian
authorities to provide explanations as to how it was deemed necessary
to declare a state of war without it being necessary to make a derogation under
Article 15 of the Convention.
29. The Assembly invites the Council of Europe Development Bank
to consider action with a view to assisting refugees and displaced
persons, as well as contributing to reconstruction in the areas
affected, including South Ossetia and Abkhazia.
30. The Assembly is convinced that the establishment of dialogue
is the best way forward for the solution of any conflict and for
fostering stability in the long term. This holds true for this particular
conflict. However, dialogue requires political will on both sides
and must be backed up by concrete action. Therefore, some basic conditions
for the dialogue have to be established and observed. Full implementation
of the peace plan, including withdrawal of the Russian troops to
positions ex ante the conflict
is essential. In addition, full deployment of European Union and
OSCE observers into South Ossetia and Abkhazia and withdrawal by Russia
of the recognition of independence of South Ossetia and Abkhazia,
would be minimum conditions for a meaningful dialogue.
31. In order to promote such dialogue, the Assembly will consider
setting up under its aegis a special Parliamentary Assembly ad hoc
committee, in which both Georgian and Russian parliamentarians will participate,
to serve as a forum for discussing their differences and proposing
ways to put an end to the current impasse and look towards the future.
32. With a view to minimising the risk of further outbreaks of
violence involving its member states, the Assembly should play a
role in the field of conflict prevention and resolution, as without
peace there cannot be genuine respect for democracy, human rights
and the rule of law. It decides, therefore, to ask its Bureau to study
mechanisms by which it could conduct parliamentary diplomacy in
the context of frozen conflicts in Europe and other situations liable
to undermine peace and stability.