Georgian attack ahead of war with Russia unjustifiable in law, says EU
EU investigation also concludes South Ossetian irregular forces violated rules of war in attacks on Georgian villages
- guardian.co.uk, Wednesday 30 September 2009 15.54 BST
- Article history
Georgia started last year's five-day war with Russia in an action which was unjustifiable under international law, an exhaustive EU investigation found today.
The investigators said they were unable to substantiate Georgian claims that the attack was launched to stall a Russian invasion of the breakaway province of South Ossetia .
In more than 1,000 pages of analysis, documentation and witness statements, the report added, however, that the Russians had moved mercenaries and paramilitary forces into the Russian-backed South Ossetia in apparent preparation for armed hostilities before President Mikheil Saakashvili of Georgia launched the offensive.
The EU team of military, political, human rights, and international law experts, under the Swiss diplomat Heidi Tagliavini, also concluded that South Ossetian irregular forces violated the rules of war in attacks on Georgian villages and that Russian peacekeeping forces "would not or could not" control them.
"There is the question of whether the force by Georgia during the night of 7/8 August was justifiable under international law. It was not … it is not possible to accept that the shelling of Tskhinvali with Grad multiple rocket launchers and heavy artillery would satisfy the requirements of having been necessary and proportionate." The report also said Georgian attacks on Russian peacekeepers in South Ossetia "in the initial phase of the conflict" were unjustified.
"There was no ongoing armed attack by Russia before the start of the Georgian operation.
"Georgian claims of a large-scale presence of Russian armed forces in South Ossetia prior to the Georgian offensive could not be substantiated … it could also not be verified that Russia was on the verge of such a major attack."
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