RUSSIAN LAWMAKING

    South Ossetia authorities will not let back Georgian refugees, who have left their villages in the Georgian-Ossetia conflict zone since beginning of military activities, President of unrecognized republic Edward Kokoyta said in his interview to Russian Kommersant newspaper.
    
    We do not intend to let anybody in there. Over 18,000 Ossetin refugees from Georgia are in North Ossetia now. We need to return them to South Ossetia, said Kokoyta. Asked about Georgian enclaves in South Ossetia and if they have been really destroyed, President of unrecognized republic answered: We have actually razed to them to the ground and installed border of South Ossetia Should we let them firing and humiliating us?
    
    Kokoyta confesses to the so-called ethnic cleansings, of which Putin, Medvedev and Lavrov accuse Georgia. But President Medvedev received Mr. Kokoyta in the Kremlin, promising to guarantee the status of South Ossetia. It is not surprising, because Russian authorities have also received HAMAS leaders and Iranian President Mahmud Akhmadinejad, as their friends.
    
    Military crimes and crimes against mankind can be added to the criminal cases on mass murders and genocide in South Ossetia, reported ITAR-TACC, citing statement of Alexander Bastrykin, chairman of investigative committee under the Russian Prosecutors Office, who leads Russian investigators in Zkhinvali. Bastrykin said investigation of use of prohibited arms by Georgia, including volley fire systems, which, according to international agreements, cannot be used in the cities populated with civilians, has started.
    
    These international agreements were signed long before the war in Chechnya. The Hague Convention signed in 1907 reads that unprotected towns, villages and buildings cannot be attacked or bombarded by any means. The Geneva Convention of 1949 (with additional protocols signed in 1977) On Protection of Civilians During War reads that such actions are inadmissible.
    
    We all know how Russia has observed this Convention in Chechnya. These facts have been investigated and documented by independent journalists and even by the European Human Rights Court. But criminal cases have not been instituted against those to blame for these crimes? Have commander-in-chief Putin, Russian hero General Shamanov, General Khrulev and other current peacekeepers ever been interrogated?
    
    It is clear that it is easier to deal with the genocide, allegedly committed by Georgia in South Ossetia. But at first, this word has an accurate juridical definition according to the Convention on Prevention and Punishment of Genocide adopted by the UN General Assembly on December 9, 1948, the genocide is the action committed with an intention to fully or partially annihilate any national, ethnic, racial or religious group. These actions include a) murder of members of the group; b) causing of serious bodily injuries to members of the group; c) creation of conditions aimed at full or partial physical annihilation for members of the group; d) measures aimed at prevention of child-bearing in the group; e) forcible handing over of children from one human group to another one.
    
    The bombardment of Zkhinvali, military activities in the town and its outskirts in South Ossetia from August 8 to 12 do not correspond to these signs. Georgia has, probably, violated the above-mentioned Geneva Convention of 1949, but it has not committed genocide. Meanwhile, Russian officials speak about genocide, replacing the notions.
    
    Meanwhile, information about losses of civilians in South Ossetia cause doubts. The information about death of 2,000 people has not been confirmed by other sources, except for Russian pro-governmental media.
    
    Human Rights Watch organization reported citing Russian physicians that 50-60 people died and about 500 ones were wounded. Russia has not provided any proofs and did not disclose its methods of calculation.
    
    There are no doubts that even dozens of dead civilians was a tragedy. But if since the first days of the conflict Russia used information about losses to justify its military activities, then may be goal of this misinformation is to excite hatred against Georgia and justify Russian troops presence in Georgia?
    
    What kind of peacekeeping mandate does Russia have now?
    
    The agreement signed in Sochi in 1992 has been cancelled, because it ruled out possibility of involvement of Russian troops into the conflict. The clause on main principles of activities of military contingents and military observers intended for improvement of situation in the Georgian-Ossetia conflict area, according to which peacekeepers had to prevent activities of any armed forces, which are not controlled by the sides, and immediately solve group and armed conflicts, has been also cancelled. Peacekeepers had to the right to prosecute, detain and in case of armed resistance annihilate armed groups, which do not fulfill requirements of state of emergency in the conflict zone. But prosecution and carrying out of military activities outside of the conflict zone is possible only after obligatory notification of local law enforcement agencies. Peacekeepers had the right to carry out military activities with the available arms by order of the commander. All these clauses have been also violated.
    
    Russian authorities statement that Georgian peacekeepers will not be let in South Ossetia also annul the agreement.
    
    The Russian law No 92-F3 of June 23, 1995 On rules of providing military and civil personnel by Russian Federation for participation in activities to maintain or restore international peace and security has been also violated. According to the law, Russian President takes decision to send armed forces for participation in the peacekeeping activities outside of Russia on the basis of resolution of Federation Council. But this matter has not been discussed in the Federation Council.
    
    Russia does not have and never had UN mandate for peacekeeping actions in South Ossetia, let alone peacekeeping activities on the remaining part of Georgia in Senaki, Poti, Gori, Borzhomi and Zughdidi.
    
    Therefore, when Dmitrii Medvedev said Russia, as guarantor of security on the Caucasus and in the region, will make a decision, which will reflect will of these two Caucasian nations. It will not simply accept this will, but will also guarantee its execution in South Ossetia, in line with its peacekeeping mandate. But this mandate is not based on any juridical norms, because there is no peacekeeping mandate at all. Russia has given the status of guarantor of security on the Caucasus and in the region to itself, because it is not approved by any bilateral agreements and international norm.

Boris Vishnevskii