199-588: Russian, South Ossetian and Abkhaz victory Abkhazia Georgia Uncontested Georgia The August 2008 Russo-Georgian War , also known as the Russian invasion of Georgia , was a war waged against Georgia by the Russian Federation and the Russian-backed separatist regions of South Ossetia and Abkhazia . The fighting took place in the strategically important South Caucasus region. It
398-626: A joint peacekeeping force of Georgian, Russian, and Ossetian troops was stationed in the territory. A similar stalemate developed in the region of Abkhazia, where the separatists had waged a war in 1992–1993 , culminating in the Sukhumi Massacre . Following the election of Vladimir Putin in Russia in 2000 and a pro-Western change of power in Georgia in 2003, relations between Russia and Georgia began to severely deteriorate , reaching
597-547: A pro-Western foreign policy, introducing a series of democratic and economic reforms aimed at integration into the European Union and NATO . This Western orientation led to worsening relations with Russia , culminating in the Russo-Georgian War of 2008 and continued Russian occupation of parts of Georgia . Georgia is a representative democracy governed as a unitary parliamentary republic . It
796-549: A " peace enforcement " operation. Russian and separatist forces fought Georgian troops in and around South Ossetia for several days, until Georgian forces retreated. Russian and Abkhaz forces opened a second front by attacking the Kodori Gorge held by Georgia, while Russian naval forces blockaded part of the Georgian Black Sea coastline. The Russian air force attacked civilian targets both within and beyond
995-587: A "demise" of margin of appreciation). Narrowing margin of appreciation is a target of criticism for those who believe that the ECtHR should minimize its role, especially from the United Kingdom. Proponents of a stronger recognition of margin of appreciation cite local conceptions of human rights, specific to the context of each country and its culture, and the risk of handing down judgements that lack local cultural and grassroots legitimacy. Critics argue that
1194-599: A 1994 decision of CIS heads of state. Georgia demonstrated video footage captured by a drone to the BBC allegedly proving that Russian forces used heavy weaponry in Abkhazia and were combat troops, rather than peacekeepers; Russia rejected the accusations. On 15 May, the United Nations General Assembly passed a motion calling for the return of all exiled and uprooted people to Abkhazia. Russia opposed
1393-464: A NATO MiG-29 had magically appeared in Abkhazia and shot down a Georgian drone." On 26 May, a United Nations Observer Mission in Georgia (UNOMIG) inquiry concluded that the Russian warplane, either a MiG-29 "Fulcrum" or a Su-27 "Flanker", was responsible for the downing. In late April, the Russian government said that Georgia was assembling 1,500 troops and policemen in the upper Kodori Gorge area and
1592-715: A Roman client state for most of its history. In 337, King Mirian III adopted Christianity as the state religion of Iberia, beginning the Christianization of the Western Caucasus region and solidly anchoring it in Rome's sphere of influence by abandoning the ancient Georgian polytheistic religion heavily influenced by Zoroastrianism . However, the Peace of Acilisene in 384 formalized the Sasanian control over
1791-599: A dominant regional group in ancient times. The name Sakartvelo ( საქართველო ) consists of two parts. Its root, kartvel-i ( ქართველ-ი ), specifies an inhabitant of the core central-eastern Georgian region of Kartli , or Iberia as it is known in sources of the Eastern Roman Empire . The official name of the country is Georgia per Article 2 of the Georgian Constitution . In Georgia's two official languages ( Georgian and Abkhaz ),
1990-481: A few weeks later [...] a complete dress rehearsal." At 8:00 am on 1 August, an improvised explosive device detonated on the road near Tskhinvali near a Georgian police vehicle, wounding five police officers. In response, Georgian snipers fired on South Ossetian positions, killing four Ossetians and wounding seven. According to the majority of reports, the South Ossetians were responsible for instigating
2189-950: A flat tire, did not appear; and neither did the Ossetians. One day earlier the South Ossetians rejected direct negotiations with Georgian authorities, demanding a meeting of the Joint Control Commission for Georgian–Ossetian Conflict Resolution. Tbilisi had left the Commission in March, demanding that a new mediation scheme included the European Union, the OSCE and the Provisional Administrative Entity of South Ossetia. Iakobashvili contacted General Marat Kulakhmetov (the Russian commander of
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#17327651181582388-606: A full diplomatic crisis by April 2008 . On 1 August 2008, the Russian-backed South Ossetian forces started shelling Georgian villages, with a sporadic response from Georgian peacekeepers in the area. Intensifying artillery attacks by the South Ossetian separatists broke a 1992 ceasefire agreement . To put an end to these attacks, Georgian army units were sent into the South Ossetian conflict zone on 7 August and took control of most of Tskhinvali ,
2587-645: A history of disregard for the principles of the Convention, Russia was expelled from the Council of Europe .) Other countries have also moved to restrict the binding nature of the ECtHR judgments, subject to the countries' own constitutional principles. In 2004, the Federal Constitutional Court of Germany ruled that judgements handed down by the ECtHR are not always binding on German courts. The Italian Constitutional Court also restricts
2786-561: A law declaring it legal to overrule judgements from the ECtHR, codifying an earlier Russian Constitutional Court decision which ruled that Russia could refuse to recognize an ECtHR decision if it conflicted with the Constitution of Russia , and in 2020 Russia made constitutional amendments stipulating that the Russian Constitution supersedes international law. (In March 2022, due to the Russian invasion of Ukraine and
2985-592: A legacy of great cathedrals, romantic poetry and literature, and the epic poem The Knight in the Panther's Skin , considered a national epic. David IV suppressed dissent of feudal lords and centralized power in his hands to effectively deal with foreign threats. In 1121, he decisively defeated much larger Turkish armies during the Battle of Didgori and abolished the Emirate of Tbilisi . The 29-year reign of Tamar,
3184-497: A legal requirement". After the preliminary finding of admissibility the court examines the case by hearing representations from both parties. The court may undertake any investigation it deems necessary on the facts or issues raised in the application and contracting states are required to provide the court with all necessary assistance for this purpose. The European Convention on Human Rights requires all hearings to be in public, unless there are exceptional circumstances justifying
3383-734: A major centre for textile goods. Joseph Stalin , an ethnic Georgian, was prominent among the Bolsheviks, ultimately becoming the de facto leader of the Soviet Union from 1924 until his death on 5 March 1953. Fellow Georgians such as Lavrentiy Beria and Vsevolod Merkulov likewise held powerful positions in the Soviet government. Stalin's Great Purge between 1936 and 1938 led to thousands of Georgian dissidents, intellectuals, and other presumed threats to Soviet authority being executed or sent to Gulag penal labor camps , severely truncating
3582-625: A member state of NATO , which has been one of the major stumbling blocks in Georgia–Russia relations. Although Georgia has no notable gas or oil reserves, its territory hosts part of the Baku–Tbilisi–Ceyhan pipeline supplying oil to Turkey. Russia, Iran and the Persian Gulf countries opposed the construction of the pipeline. The pipeline circumvents both Russia and Iran. Because it has decreased Western dependence on Middle East's oil,
3781-446: A military action was planned and explicit orders were issued in advance before August 2008. According to Van Herpen, Russia aimed to stop Georgia's accession to NATO and also to bring about a " regime change ". On 16 April 2008, official ties between the Russian authorities and the separatists in Abkhazia and South Ossetia were sanctioned by an order of Russian president Vladimir Putin. The separatist-authored legislative documents and
3980-419: A military solution to the conflict with Georgia. After Georgia deported four suspected Russian spies in 2006, Russia began a full-scale diplomatic and economic war against Georgia, followed by the persecution of ethnic Georgians living in Russia. By 2008, most residents of South Ossetia had obtained Russian passports. According to Reuters , Russia supplied two-thirds of South Ossetia's yearly budget before
4179-426: A national revival movement led by Ilia Chavchavadze . This period also brought social and economic change to Georgia, with new social classes emerging: the emancipation of the serfs freed many peasants but did little to alleviate their poverty; the growth of capitalism created an urban working class in Georgia. Both peasants and workers found expression for their discontent through revolts and strikes, culminating in
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#17327651181584378-523: A new government. On 9 April 1991, shortly before the collapse of the Soviet Union, the Supreme Council of Georgia declared independence [ ka ] after a referendum held on 31 March. Georgia was the first non- Baltic republic of the Soviet Union to officially declare independence, with Romania becoming the first country to recognize Georgia in August 1991. On 26 May, Gamsakhurdia
4577-527: A pamphlet named "Soldier! Know your probable enemy!" was circulated among the Russian soldiers. The pamphlet described the Georgian Armed Forces. Russian troops stayed near the border with Georgia after the end of their exercise on 2 August, instead of going back to their barracks . Later, Dale Herspring, an expert on Russian military affairs at Kansas State University , described the Russian exercise as "exactly what they executed in Georgia just
4776-576: A peace settlement for South Ossetia within a unified Georgian state. The proposal was rejected by South Ossetian leader Eduard Kokoity. In 2006, Georgia sent security forces to the Kodori Valley region of Abkhazia, when a local militia leader rebelled against Georgian authorities. In 2007, Georgia established what Russia called a "puppet government" in South Ossetia, led by Dmitry Sanakoyev (former South Ossetian prime minister), calling it
4975-451: A personal union under the energetic king Heraclius II , who succeeded in stabilizing Eastern Georgia to a degree. In 1783, Russia and the eastern Georgian Kingdom of Kartli-Kakheti signed the Treaty of Georgievsk , which made eastern Georgia a protectorate of Russia, guaranteed its territorial integrity and the continuation of its reigning Bagrationi dynasty in return for prerogatives in
5174-496: A provisional administration. In early March 2008, Abkhazia and South Ossetia submitted formal requests for their recognition to Russia's parliament shortly after the West's recognition of Kosovo which Russia had been resisting. Dmitry Rogozin , Russian ambassador to NATO, hinted that Georgia's aspiration to become a NATO member would cause Russia to support the independence of Abkhazia and South Ossetia. The Russian State Duma adopted
5373-507: A public hearing, which is transmitted as a webcast on the ECHR site . After the public hearing, the judges deliberate. The court's chamber decides both issues regarding admissibility and merits of the case. Generally, both these issues are dealt with in the same judgment. In final judgments the court makes a declaration that a contracting state has violated the convention, and may order the contracting state to pay material and/or moral damages and
5572-465: A resolution on 21 March, in which it called on the President of Russia and the government to consider the recognition. Georgia began proposing the placement of international peacekeepers in the separatist regions when Russia began to apply more force on Georgia after April 2008. The West launched new initiatives for peace settlement, with peace proposals being offered and discussions being organised by
5771-449: A result of incessant Ottoman–Persian Wars and deportations, the population of Georgia dwindled to 784,700 inhabitants at the end of the 18th century. Eastern Georgia , composed of the regions of Kartli and Kakheti , had been under Iranian suzerainty since the Peace of Amasya signed with neighboring rivalling Ottoman Turkey ( Safavid Georgia ). With the death of Nader Shah in 1747, both kingdoms broke free and were reunified through
5970-637: A separatist stronghold, within hours. Some Russian troops had illicitly crossed the Georgia–Russia border through the Roki Tunnel and advanced into the South Ossetian conflict zone by 7 August before the Georgian military response. Russia falsely accused Georgia of committing " genocide " and "aggression against South Ossetia"—and launched a full-scale land, air and sea invasion of Georgia, including its undisputed territory, on 8 August, referring to it as
6169-400: A series of reforms were launched to strengthen the country's military and economic capabilities, as well as to reorient its foreign policy westwards. The new government's efforts to reassert Georgian authority in the southwestern autonomous republic of Adjara led to a major crisis in 2004. European Court of Human Rights The European Court of Human Rights ( ECtHR ), also known as
Russo-Georgian War - Misplaced Pages Continue
6368-415: A sharp increase in applications filed in the court. The efficiency of the court was threatened seriously by the large accumulation of pending applications. In 1999, 8,400 applications were allocated to be heard. In 2003, 27,200 cases were filed and the number pending rose to approximately 65,000. In 2005, the court opened 45,500 case files. In 2009, 57,200 applications were allocated, with 119,300 pending. At
6567-430: A sitting judge's term has expired or when a new state accedes to the convention. The retiring age of judges is 70, but they may continue to serve as judges until a new judge is elected or until the cases in which they sit have come to an end. Judges perform their duties in an individual capacity and are prohibited from having any institutional or similar ties with the state in respect of which they were elected. To ensure
6766-561: A violation in Neumeister v Austria (1968). The convention charges the court with ensuring the observance of the engagement undertaken by the contracting states in relation to the convention and its protocols, that is ensuring the enforcement and implementation of the European Convention in the member states of the Council of Europe. The European Court of Human Rights, which enforces the European Convention on Human Rights,
6965-436: Is a developing country with a very high Human Development Index and an emerging market economy . Sweeping economic reforms since 2003 have resulted in one of the freest business climates in the world, greater economic freedom and transparency , and among the fastest rates of GDP growth . In 2018, Georgia became the second country in the world to legalize cannabis , and the first former socialist state to do so. Georgia
7164-636: Is a member of numerous international organizations, including the Council of Europe , Eurocontrol , BSEC , GUAM , Energy Community . As part of the Association Trio , Georgia is a candidate for membership in the European Union . Ancient Greeks ( Strabo , Herodotus , Plutarch , Homer , etc.) and Romans ( Titus Livius , Tacitus , etc.) referred to early western Georgians as Colchians and eastern Georgians as Iberians ( Iberoi , Ἰβηροι in some Greek sources). The first mention of
7363-459: Is distinct from the 27-nation European Union (EU), although it is sometimes confused with it, partly because the EU has adopted the original flag of Europe created by the Council of Europe in 1955, as well as the anthem of Europe . No country has ever joined the EU without first belonging to the Council of Europe. The Council of Europe is an official United Nations observer . The jurisdiction of
7562-461: Is incompatibility with other functions. They cannot be revoked by their state of origin, but only by decision of their peers, taken by a two-thirds majority and for serious reasons. The court has jurisdiction amongst the member states of the Council of Europe which includes almost every country in Europe except for Belarus , Kazakhstan , Kosovo , Russia and Vatican City . The jurisdiction of
7761-422: Is necessary for the court to stay relevant and its rulings to adapt to the actual conditions, such interpretations are labeled overreach or judicial activism by critics. The Court uses the doctrine of margin of appreciation , referring to the member states' rights to set moral standards within reason. Over time, the court has narrowed the margin of appreciation (to the point, according to some commentators, of
7960-463: Is not institutionally related to the European Court of Human Rights: the two courts are related to distinct organizations. However, since all EU states are members of the Council of Europe and so are parties of the Convention on Human Rights, there are concerns about consistency in case law between the two courts. The CJEU refers to the case law of the European Court of Human Rights and treats
8159-541: Is regarded as the first European war of the 21st century. Georgia declared its independence from the Soviet Union in April 1991, following a referendum during the dissolution of the Soviet Union . However, fighting between Georgia and separatists resulted in parts of the former South Ossetian Autonomous Oblast under the de facto control of Russian-backed but internationally unrecognised separatists. In 1992,
Russo-Georgian War - Misplaced Pages Continue
8358-507: Is the best known body of the Council of Europe. The Council of Europe (CoE) ( French : Conseil de l'Europe , CdE) is an international organisation founded in the wake of World War II to uphold human rights , democracy and the rule of law in Europe . Founded in 1949, it now has 46 member states, covering a population of approximately 700 million, and operates with an annual budget of approximately 500 million euros . The organisation
8557-494: The Belgian Linguistic Case . Critics maintain that proportionality engenders largely subjective rulings: a judge's personal preferences and beliefs may color their perceptions of rights' relative importance. The Court has established certain formulas to ensure consistency across such decisions, but these guidelines cover only a small fraction of its case law. The Court of Justice of the European Union (CJEU)
8756-630: The Umm Leisun inscription found in the Old City of Jerusalem . The medieval Georgian Chronicles present an eponymous ancestor of the Kartvelians, Kartlos , a great-grandson of Japheth who medieval chroniclers believed to have been the root of the local name of their kingdom. However, scholars agree that the word Kartli is derived from the Karts , a proto-Kartvelian tribe that emerged as
8955-589: The 58th Army passed the Roki Tunnel and Java and were on the road to Tskhinvali. According to Kommersant , the column had begun moving towards South Ossetia at the same time as President Medvedev was giving a televised speech. At around 17:00 MSK, Russian tank columns surrounded Tskhinvali and began bombing the Georgian positions. The Russian Air Force mounted attacks on Georgian infantry and artillery on 8 August, but suspended sorties for two days after taking early losses from anti-aircraft fire. Georgian troops left
9154-790: The 6th millennium BC , especially in Western Georgia, while the Mtkvari basin became stably populated in the 5th millennium BC , as evidenced with the rise of various cultures closely associated with the Fertile Crescent , including the Trialetian Mesolithic , the Shulaveri–Shomu culture , and the Leyla-Tepe culture . Archaeological findings show that settlements in modern-day Georgia were responsible for
9353-639: The Argonauts . Archaeological evidence points to a wealthy kingdom in Colchis as early as the 14th century BC and an extensive trade network with Greek colonies on the eastern Black Sea shore (such as Dioscurias and Phasis ), though, the entire region would be annexed first by Pontus and then by the Roman Republic in the first century BC. Eastern Georgia remained a decentralized mosaic of various clans (ruled by individual mamasakhlisi ) until
9552-536: The Black Sea coast and being adjacent to Turkey as invaluable strategic attributes of Georgia. Russia had more vested interests in Abkhazia than in South Ossetia, since the Russian military deployment on the Black Sea coast was seen as vital to Russian influence in the Black Sea. Before the early 2000s, South Ossetia was originally intended as a tool to retain a grip on Georgia. Vladimir Putin became president of
9751-736: The Caucasus and benefiting from the Black Sea ecosystem, the region seems to have served as a refugium throughout the Pleistocene , while the first continuous primitive settlements date back to the Middle Paleolithic , close to 200,000 years ago. During the Upper Paleolithic , settlements developed mostly in Western Georgia, in the valleys of the Rioni and Qvirila rivers. Signs of agriculture date back to at least
9950-558: The European Convention on Human Rights , currently 46. The convention requires that judges be of "high moral character" and have qualifications suitable for high judicial office, or be jurists of recognised competence. Each judge is elected by majority vote in the Parliamentary Assembly of the Council of Europe from among three candidates nominated by each contracting state. Judges are elected whenever
10149-522: The European Union , the Organization for Security and Cooperation in Europe (OSCE) and Germany . The separatists dismissed the German project for Abkhazia approved by Georgia. Russia and the separatists did not attend an EU-backed meeting regarding Abkhazia. They also dismissed an OSCE offer to renew talks regarding South Ossetia. One of President Saakashvili's primary aims for Georgia was to become
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#173276511815810348-773: The High Middle Ages under the reigns of King David IV and Queen Tamar . Beginning in the 15th century, the kingdom declined and disintegrated under pressure from various regional powers, including the Mongols , the Ottoman Empire , and Persia , before being gradually annexed into the Russian Empire starting in 1801. After the Russian Revolution in 1917, Georgia briefly emerged as an independent republic under German protection , but
10547-445: The Kingdom of Imereti sent ambassadors to the Russian royal court, with Russia returning the favor in 1651. In the presence of these ambassadors, Alexander III of Imereti swore an oath of allegiance to Tsar Alexis of Russia on behalf of Imereti. Subsequent rulers also sought assistance from Pope Innocent XII but without success. The rulers of regions that remained partly autonomous organized rebellions on various occasions. As
10746-425: The Mushki , Laz , and Byzeres . Some historians have suggested that the collapse of the Hittite world in the Late Bronze Age led to an expansion of the influence of these tribes to the Mediterranean Sea , notably with the Kingdom of Tabal . The classical period saw the rise of a number of Georgian states, including Colchis in western Georgia, where Greek mythology located the Golden Fleece sought after by
10945-412: The Revolution of 1905 . Their cause was championed by the socialist Mensheviks , who became the dominant political force in Georgia in the final years of Russian rule. After the Russian Revolution of 1917, the Transcaucasian Democratic Federative Republic was established with Nikolay Chkheidze acting as its president. The federation consisted of three nations: Georgia, Armenia and Azerbaijan. As
11144-424: The Russian revolution , Georgia declared independence on 26 May 1918. The Ossetians are indigenous to North Ossetia , located in the North Caucasus . Controversy surrounds the date of Ossetian arrival in Transcaucasia . According to one theory, they first migrated there during the 13th and 14th centuries AD, and resided alongside the Georgians peacefully for hundreds of years. In 1918, conflict began between
11343-414: The South Ossetian Autonomous Oblast . Historians such as Stephen F. Jones , Emil Souleimanov and Arsène Saparov believe that the Bolsheviks awarded this autonomy to the Ossetians in exchange for their help against the Democratic Republic of Georgia, since this area had never been a separate entity prior to the Russian invasion. Nationalism in Soviet Georgia gained momentum in 1989 with the weakening of
11542-405: The Strasbourg Court , is an international court of the Council of Europe which interprets the European Convention on Human Rights (ECHR). The court hears applications alleging that a contracting state has breached one or more of the human rights enumerated in the convention or its optional protocols to which a member state is a party. The court is based in Strasbourg , France . The court
11741-413: The Treaty of Moscow . But the recognition proved to be of little value, as the Red Army invaded Georgia in 1921 and formally annexed it into the Soviet Union in 1922. In February 1921, during the Russian Civil War , the Red Army advanced into Georgia and brought the local Bolsheviks to power. The Georgian army was defeated, and the Social Democratic government fled the country. On 25 February 1921 ,
11940-479: The US Embassy in Tbilisi , leaked by WikiLeaks . At around 19:00, Georgian President Saakashvili announced a unilateral ceasefire and no-response order. The ceasefire reportedly held for about three hours. The separatists bombarded Tamarasheni and Prisi. They razed Avnevi and a police building in Kurta , the centre of the Provisional Administrative Entity of South Ossetia. The escalated assaults forced Georgian civilians to flee their homes. A high-ranking officer of
12139-400: The United Nations adopted the Universal Declaration of Human Rights , which aims to promote the universal recognition of rights set out therein, in order to strengthen the protection of human rights at the international level. While hugely important in setting a global standard for the first time, the declaration was essentially aspirational, and had no judicial enforcement mechanism. In 1949,
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#173276511815812338-546: The brutal suppression by Soviet forces of a large peaceful demonstration held in Tbilisi on 4–9 April 1989 proved to be a pivotal event in discrediting the continuation of Soviet rule over the country. In October 1990, the first multi-party elections were held in Soviet Georgia, which were the first multi-party elections in the entire Soviet Union, in which the opposition groups were registered as formal political parties. The Round Table—Free Georgia coalition led by Zviad Gamsakhurdia secured victory in this election and formed
12537-458: The early Middle Ages . The Roman–Persian Wars plunged the region into chaos, with both Persia and Constantinople supporting various warring factions in the Caucasus ; however, the Byzantine Empire was able to establish control over Georgian territories by the end of the 6th century, ruling Iberia indirectly through a local Kouropalates . In 645, the Arabs invaded southeastern Georgia, starting an extended period of Muslim domination in
12736-434: The first non-Baltic state of the Soviet Union to do so. The South Ossetian separatists were aided by the former Soviet military units now controlled by Russia. By June 1992, the possibility of a full-scale war between Russia and Georgia increased as bombing of Georgian capital Tbilisi in support of South Ossetian separatists was promised by Russian authorities. Georgia endorsed a ceasefire agreement on 24 June 1992 to prevent
12935-437: The text of the Convention "must be interpreted in the light of present-day conditions" rather than the intent of its framers . In Mamatkulov and Askarov v. Turkey (2008), the court emphasized that it "upholds individual rights as practical and effective, rather than theoretical and illusory protections". Another key part of the Court's interpretation is the 1969 Vienna Convention on the Law of Treaties . One area that
13134-547: The " Bosphorus Presumption ", a policy of conditional deference articulated in Bosphorus Hava Yollari Turizm ve Ticaret Anonim Sirketi v Ireland . Because the CJEU represents a "comparable" human rights enforcement mechanism, the ECtHR may presume "that a State has not departed from the requirements of the Convention when it does no more than implement legal obligations flowing from its [EU] membership." This presumption may be refuted in any particular instances where protections of Convention rights are "manifestly deficient." Most of
13333-463: The 11th century, the nascent Georgian kingdom experienced geopolitical and internal difficulties, with various noble factions opposed to the centralization of the Georgian state. They were often backed by the Byzantine Empire, which feared a dominion of the Caucasus region by the Bagrationi dynasty, and in some instances fueled internal conflict through aristocratic families seeking more power. However, ties between Byzantium and Georgia were normalized when
13532-472: The 1930s. The 1918 Georgian–Armenian War , which erupted over parts of disputed provinces between Armenia and Georgia populated mostly by Armenians, ended because of British intervention. In 1918–1919, Georgian general Giorgi Mazniashvili led an attack against the White Army led by Moiseev and Denikin to claim the Black Sea coastline from Tuapse to Sochi and Adler for independent Georgia. In 1920 Soviet Russia recognized Georgia's independence with
13731-399: The 4th century BC when it was conquered by Alexander the Great , eventually leading to the creation of the Kingdom of Iberia under the protectorate of the Seleucid Empire , an early example of advanced state organization under one king and an aristocratic hierarchy. Various wars with the Roman Empire , Parthia , and Armenia made Iberia regularly change its allegiance, though it remained
13930-481: The Bagrationi. Dynastic conflicts eventually weakened Abkhazia in the second half of the 10th century while in Tao-Klarjeti, Prince David III used his influence within Byzantine Anatolia to empower the Bagrationi. Bagrat III, heir of the Bagrationi dynasty, successively became King of Abkhazia (978), Prince of Tao-Klarjeti ( 1000 ), and King of the Iberians (1008), allowing him to unify most Georgian feudal states and be crowned in 1010 as King of Georgia . For much of
14129-403: The Brilliant (r. 1299–1302), known for reuniting eastern and western Georgia and restoring the country's previous strength and Christian culture. After his death, local rulers fought for their independence from central Georgian rule, until the total disintegration of the kingdom in the 15th century. Georgia was further weakened by several disastrous invasions by Timur . Invasions continued, giving
14328-773: The Caucasus, and extended over large parts of present-day Azerbaijan, Armenia, eastern Turkey, and northern Iran, and used the vacuum of power left by the Fourth Crusade to create the Empire of Trebizond as a Georgian vassal state. The revival of the Kingdom of Georgia was set back after Tbilisi was captured and destroyed by the Khwarezmian leader Jalal ad-Din in 1226, followed by devastating invasions by Mongol ruler Genghis Khan . The Mongols were expelled by George V
14527-474: The Convention on Human Rights as if it were part of the EU's legal system since it forms part of the legal principles of the EU member states. Even though its member states are party to the convention, the European Union itself is not a party, as it did not have competence to do so under previous treaties. However, EU institutions are bound under Article 6 of the EU Treaty of Nice to respect human rights under
14726-465: The Convention, on the basis of Protocol No. 16. This mechanism aims to foster dialogue between national courts and the ECtHR, thereby preempting Convention violations and minimizing the latter's caseload. Unlike preliminary references under EU law, advisory opinions may only be solicited by the "highest courts and tribunals" of a member state. Although Article 5 of Protocol No. 16 states that "Advisory opinions shall not be binding," they nonetheless enter
14925-501: The Convention. Despite the European Union's failure to accede to the Convention, the ECtHR has consistently held that member states are bound by ECHR guarantees even when executing and implementing EU law. Nevertheless, the Court has simultaneously sought to promote international cooperation and avoid interfering in internal Union affairs. It has balanced the conflicting aims of fostering European harmony and avoiding ECHR circumvention via
15124-604: The ECtHR has chosen to only impose them in cases concerning imminent danger to life and limb. Such measures are often deployed to prevent extradition or expulsion to countries with inadequate human rights guarantees, whereas requests to prevent potentially damaging publications or property seizures seldom elicit similar responses. The court may award pecuniary or non-pecuniary damages , called "just satisfaction". The awards are typically small in comparison to verdicts by national courts and rarely exceed £1,000 plus legal costs. Non-pecuniary damages are more closely correlated to what
15323-458: The ECtHR's case law and may be enforced through later individual complaints if contravened. ECtHR rulings have erga omnes effects (that is, they are potentially binding on all member states), because the court "determines issues on public-policy grounds in the common interest, thereby extending human rights jurisprudence throughout the community of European Convention States", although erga omnes effect "is not regarded by all States Parties as
15522-499: The EHCR has claimed that such consensus exists even when objectively it did not, due to the judicial activism of its judges. It has been said that in failing to distinctly define how a consensus is reached reduces its legitimacy. Furthermore, as the ECtHR grows, the consensus between the members diminishes. However, the margin of appreciation doctrine has also come under sharp criticism from jurists and academics who say that it undermines
15721-487: The Georgian Defence Minister, the Georgian military had tried to push into Tskhinvali three times by 9 August. During the last attempt they were met with a serious counterattack, which Georgian officers described as "something like hell." On the same day a Russian advance column, led by Lieutenant-General Anatoly Khrulyov , was ambushed by Georgian special forces near Tskhinvali; Khrulyov was wounded in
15920-527: The Georgian Ministry of Defence said late on 7 August that his country was going to "restore constitutional order" in response to the shelling. Georgian Interior Ministry official later told Russian newspaper Kommersant on 8 August that after Ossetians had responded to the ceasefire by shelling, "it became clear" that South Ossetians wouldn't stop firing and that the Georgian casualties were 10 killed and 50 wounded. According to Pavel Felgenhauer,
16119-572: The Georgian casualties were six wounded civilians and one wounded policeman. According to the OSCE mission, the incident was the worst outbreak of violence since 2004. On 2–3 and again on 3–4 August, firing recommenced during the night. A 1992 ceasefire agreement was breached by Ossetian artillery attacks. Nikolay Pankov, the Russian deputy defence minister, had a confidential meeting with the separatist authorities in Tskhinvali on 3 August. An evacuation of Ossetian women and children to Russia began on
16318-581: The Georgian law enforcement was ordered by the president to arrange the liberation of the soldiers. Four Russian Air Force jets flew over South Ossetia on 8 July. A scheduled visit of Condoleezza Rice , the US Secretary of State , to Georgia on the next day nearly coincided with the timing of the flight. Georgia summoned back its ambassador to Russia after Russia admitted its jets had flown in Georgia's airspace to "let hot heads in Tbilisi cool down". This
16517-617: The Georgian royal Bagrationi dynasty , as well as the autocephaly of the Georgian Orthodox Church . Pyotr Bagration , one of the descendants of the abolished house of Bagrationi, later joined the Russian army and became a prominent general in the Napoleonic wars. On 22 December 1800, Tsar Paul I of Russia , at the alleged request of the Georgian King George XII , signed the proclamation on
16716-544: The Georgian troops in 1918 and proceeded to occupy the town of Tskhinvali and assault the Georgian natives. During uprisings in 1919 and 1920, the Ossetians were covertly supported by Soviet Russia , but even so, were defeated. The independent Democratic Republic of Georgia was invaded by the Red Army in 1921 and a Soviet government was installed. The government of Soviet Georgia created an autonomous administrative unit for Transcaucasian Ossetians in April 1922, called
16915-576: The Georgian troops to storm the northern peacekeeping base in Tskhinvali. Georgia has stated that it only targeted Russian peacekeepers in self-defence, after coming under fire from them. Most of Tskhinvali and several villages had been secured by Georgian troops by the afternoon; however, they failed to blockade the Gupta bridge and the key roads linking Tshkinvali with the Roki Tunnel and the Russian military base in Java . One Georgian diplomat told Kommersant on
17114-475: The Georgian-advocated motion. The Russian Foreign Ministry said that the resolution was "a counterproductive move". Russia deployed railroad troops on 31 May to repair a rail line in Abkhazia. According to the Russian defence ministry, railroad troops were not armed. Georgia stated that the development was an "aggressive" act. The European Parliament adopted a resolution on 5 June which condemned
17313-471: The Georgians only began mobilizing August 7 once the attack was well underway. As late as 2230 last night Georgian MOD and MFA officials were still hopeful that the unilateral cease-fire announced by President Saakashvili would hold. Only when the South Ossetians opened up with artillery on Georgian villages, did the offensive to take Tskhinvali begin." —A confidential report sent on August 8, 2008, by
17512-525: The Grand Chamber if all parties to the case agree to the chamber of the court relinquishing jurisdiction to the Grand Chamber. A panel of five judges decides whether the Grand Chamber accepts the referral. Any contracting state to the European Convention on Human Rights can sue another contracting state in the court for alleged breaches of the convention, although in practice this is very rare. As of 2021 , five interstate cases have been decided by
17711-752: The Gupta bridge and the road to the Roki Tunnel, barring the Russian military from moving southward. By the morning, the South Ossetian authorities had reported that the Georgian shelling had killed at least 15 civilians. Georgian forces, among them special troops of the Ministry of Internal Affairs, entered Tskhinvali after taking the high points near the town. The centre of the town was reached by 1,500 Georgian infantrymen by 10:00. The Russian air force began raiding targets inside South Ossetia and Georgia proper after 10:00 on 8 August. According to Russia, it suffered its first casualties at around 12:00 when two servicemen were killed and five injured following an attempt by
17910-542: The Iberians in 888 , restoring the monarchy abolished three centuries prior. In Western Georgia, the Kingdom of Abkhazia benefited from the weakening of Byzantium in the region to unify various tribes and become one of the most powerful states of the Caucasus in the 8th century. In the 9th-10th centuries, Abkhazia grew its influence through several military campaigns and came to control much of Iberia and competing with
18109-557: The Joint Peacekeeping Force) who said that Ossetians could not be restrained by Russian peacekeepers and Georgia should implement a ceasefire. "Nobody was in the streets – no cars, no people," Iakobashvili later told journalists. "All the evidence available to the country team supports Saakashvili's statement that this fight was not Georgia's original intention. Key Georgian officials who would have had responsibility for an attack on South Ossetia have been on leave, and
18308-597: The Kodori Gorge ; this would be followed by the expulsion of Georgian units and population from South Ossetia . In early July, the conditions in South Ossetia aggravated, when a South Ossetian separatist militia official was killed by blasts on 3 July and several hours later an unsuccessful assassination attempt on Dmitry Sanakoyev, the leader of the Georgian-backed Ossetian government , wounded three police officers. On 7 July, four Georgian servicemen were captured by South Ossetian separatists. The next day,
18507-561: The North Caucasus. On 5 August, South Ossetian presidential envoy to Moscow, Dmitry Medoyev , declared that South Ossetia would start a " rail war " against Georgia. The razing of the village of Nuli was ordered by South Ossetian interior minister Mikhail Mindzaev . Georgian authorities organised a tour for diplomats and journalists to demonstrate the damage supposedly caused by separatists. That day, Russian Ambassador-at-Large Yuri Popov declared that his country would be involved in
18706-527: The Ossetians intentionally provoked the Georgians, so Russia would use the Georgian response as a pretext for premeditated military invasion. According to Felgenhauer's analysis, Russia could not wage the war against Georgia after August since the Caucasus mountains would be covered with snow already in October. Russian military was participating in the attacks on Georgian villages. According to Georgian intelligence, and several Russian media reports , parts of
18905-604: The Ottomans advanced into the Caucasian territories of the crumbling Russian Empire, Georgia declared independence on 26 May 1918. The Menshevik Social Democratic Party of Georgia won the parliamentary election and its leader, Noe Zhordania , became prime minister. Despite the Soviet takeover, Zhordania was recognized as the legitimate head of the Georgian Government by France, UK, Belgium, and Poland through
19104-529: The Red Army entered Tbilisi and established a government of workers' and peasants' soviets with Filipp Makharadze as acting head of state. Georgia was incorporated into what would soon become the Soviet Union . Soviet rule was firmly established only after local insurrections were defeated. Georgia would remain an unindustrialized periphery of the USSR until the first five-year plan (1928–1932), when it became
19303-501: The Roki Tunnel before the Western response would be late. Georgian artillery launched smoke bombs into South Ossetia at 23:35 on 7 August. This was followed by a 15-minute intermission, which purportedly enabled the civilians to escape, before the Georgian forces began bombarding hostile positions. Georgian military intentionally targeted South Ossetian military objects, not civilian ones. Although Georgian military had pledged safety to
19502-557: The Rules of Court. The president of the court, the two vice-presidents (also section presidents) and the three other section presidents are elected by the Plenary Court, Section presidents are elected by the Plenary Court, a formation made up of the 46 elected judges of the court. The mandate of the holders is for a renewable period of three years. They are renowned for their morality and competence. They must be independent and there
19701-612: The Russian Federation in 2000, which had a profound impact on Russo-Georgian relations. The conflict between Russia and Georgia began to escalate in December 2000, when Georgia became the first and sole member of the Commonwealth of Independent States (CIS) on which the Russian visa regime was enforced. Eduard Kokoity , an alleged member of the mob , became the de facto president of South Ossetia in December 2001; he
19900-406: The Russian peacekeepers for their neutrality, the Russian peacekeepers had to follow the Russian command to attack the Georgian troops. Georgian forces started moving in the direction of Tskhinvali following several hours of bombardment and engaged South Ossetian forces and militia near Tskhinvali at 04:00 on 8 August, with Georgian tanks remotely shelling South Ossetian positions. An attempt to take
20099-408: The Soviet Union, contributing to the nation's consolidation. 1978 Georgian demonstrations saw the return of mass anti-Soviet protests, but this time government backed down. Throughout the remainder of the Soviet period, Georgia's economy continued to grow and experience significant improvement, though it increasingly exhibited blatant corruption and alienation of the government from the people. With
20298-558: The Soviet Union. The Kremlin endorsed South Ossetian nationalism as a counter against the Georgian independence movement. On 11 December 1990, the Supreme Soviet of Georgia , responding to South Ossetia's attempt at secession, annulled the region's autonomy. A military conflict broke out between Georgia and South Ossetian separatists in January 1991. Georgia declared its restoration of independence on 9 April 1991 , thus becoming
20497-572: The afternoon, OSCE monitors noted Georgian military traffic, including artillery, on roads near Gori. In the afternoon, Georgian personnel left the Joint Peacekeeping Force headquarters in Tskhinvali. At 16:00, Temur Iakobashvili (the Georgian Minister for Reintegration) arrived in Tskhinvali for a previously arranged meeting with South Ossetians and Russian diplomat Yuri Popov; however, Russia's emissary, who blamed
20696-467: The air raid had killed 60 civilians. No less than 5 Georgian cities had been bombed by 9 August. Georgia (country) Georgia ( Georgian : საქართველო , romanized : sakartvelo , IPA: [sakʰartʰʷelo] ) is a transcontinental country in Eastern Europe and West Asia . It is part of the Caucasus region, bounded by the Black Sea to the west, Russia to
20895-532: The alliance and pledged to review the requests for MAP in December 2008. Russian President Vladimir Putin was in Bucharest during the summit. At the conclusion of the summit on 4 April, Putin said that NATO's enlargement towards Russia "would be taken in Russia as a direct threat to the security of our country". Following the Bucharest summit, Russian hostility increased and Russia started to actively prepare for
21094-561: The applicability of ECtHR decisions. A 2016 book characterizes Austria , Belgium , Czechia , Germany , Italy , Poland , and Sweden to be mostly friendly to ECtHR judgements; France , Hungary , the Netherlands , Norway , Switzerland , and Turkey to be moderately critical; the United Kingdom to be strongly critical; and Russia to be openly hostile. In 2019, south Caucasus states were judged partially compliant in
21293-430: The applicant's representative. Once registered with the court, the case is assigned to a Judge Rapporteur , who can make a final decision on whether the case is inadmissible. A case may be inadmissible when it is incompatible with the requirements of ratione materiae , ratione temporis or ratione personae , or if the case cannot be proceeded with on formal grounds, such as non-exhaustion of domestic remedies, lapse of
21492-399: The area." Georgian authorities did not announce Russian military incursion in public on 7 August since they relied on the Western guidance and did not want to aggravate tensions. The entrance of second batch of Russian military through the Roki Tunnel during the night of 7/8 August pressured Georgian president Saakashvili to respond militarily around 23:00 to check Russian all-out incursion near
21691-483: The backlog of pending cases by establishing the court and its judges as a full-time institution, by simplifying the procedure and reducing the length of proceedings. However, as the workload of the court continued to increase, the contracting states agreed that further reforms were necessary and in May 2004, the Council of Europe Committee of Ministers adopted Protocol 14 to the European Convention on Human Rights . Protocol 14
21890-499: The beginning of perestroika in 1986, the Georgian Soviet leadership proved so incapable of handling the changes that most Georgians, including rank and file communists, concluded that the only way forward was a break from the existing Soviet system. Starting in 1988, mass protests erupted in Georgia in favor of independence, led by Georgian nationalists such as Merab Kostava and Zviad Gamsakhurdia . The following year,
22089-406: The bomb explosion which marked the opening of hostilities. South Ossetian separatists began intensively shelling Georgian villages on 1 August. This caused Georgian peacekeepers and servicemen in the area to return fire. Grenades and mortar fire were exchanged during the night of 1/2 August. The total Ossetian fatalities became six and the total wounded were now fifteen, among them several civilians;
22288-411: The casting vote. Article 35 of the European Convention on Human Rights establishes as a precondition on referral to the European Court of Human Rights, the exhaustion of domestic remedies. This condition is the consequence of the subsidiary jurisdiction of the supranational court, which monitors the application of the convention and seeks to eradicate human rights violations. The applicant must establish
22487-539: The ceasefire. The South Ossetians destroyed most ethnic Georgian villages in South Ossetia and were responsible for an ethnic cleansing of Georgians . Russia recognised the independence of Abkhazia and South Ossetia from Georgia on 26 August and the Georgian government severed diplomatic relations with Russia. Russia mostly completed its withdrawal of troops from undisputed parts of Georgia on 8 October. Russian international relations were largely unharmed. The war displaced 192,000 people. While many returned to their homes after
22686-521: The centre of the town in the evening. Military expert Ralph Peters later noted that anyone "above the grade of private " knew that such a large-scale Russian "response" was not spontaneous since it was impossible "even to get one armored brigade over the Caucasus Mountains " without lengthy planning. In the afternoon of 9 August, a Georgian effort to push deeper into Tskhinvali was repulsed with Georgian losses and they withdrew. According to
22885-637: The conduct of Georgian foreign affairs. Despite its commitment to defend Georgia, Russia rendered no assistance when the Iranians invaded in 1795, capturing and sacking Tbilisi and massacring its inhabitants. Although Russia initiated a punitive campaign against Persia in 1796, the Russian Imperial authorities subsequently violated key promises of the Georgievsk Treaty and in 1801 proceeded to annex eastern Georgia, while abolishing
23084-462: The conflict on the side of South Ossetia. About 50 Russian journalists had come to Tskhnivali for "something to happen". A pro-government Russian newspaper reported on 6 August: " Don Cossacks prepare to fight in South Ossetia". Nezavisimaya Gazeta reported that Russian military was being deployed to the Georgian border on 6 August and that "there is no doubt that Russia thus demonstrates determination to protect its citizens in South Ossetia. Up until
23283-472: The conflict zone. This was the first war in history in which cyber warfare coincided with military action. An information war was also waged during and after the conflict. Nicolas Sarkozy , the President of France , personally negotiated a ceasefire agreement on 12 August. Russian forces temporarily occupied the Georgian cities of Zugdidi , Senaki , Poti and Gori , holding on to these areas beyond
23482-507: The conflict. In the 10th century AD, Georgia for the first time emerged as an ethnic concept in the territories where the Georgian language was used to perform Christian rituals. After the Mongol invasions of the region , the Kingdom of Georgia eventually was split into several states . In the 19th century, the Russian Empire gradually took over the Georgian lands . In the aftermath of
23681-610: The contracting parties to the European Convention on Human Rights have incorporated the convention into their own national legal systems, either through constitutional provision, statute or judicial decision. The ECtHR increasingly considers judicial dialogue with national courts to be a "high priority", especially when it comes to implementation of judgements. According to a 2012 study, the ECTtHR tends to justify its decisions with citations to its own case law in order to convince national courts to accept its rulings. In 2015, Russia adopted
23880-401: The contracting state to redress violations. Judgments by the court are binding on the respondent states concerned and states usually comply with the Court's judgments. Chambers decide cases by a majority. Any judge who has heard the case can attach to the judgment a separate opinion. This opinion can concur or dissent with the decision of the court. In case of a tie in voting, the president has
24079-414: The convention it has no jurisdiction to annul domestic laws or administrative practices which violate the convention. The Committee of Ministers of the Council of Europe is charged with supervising the execution of the court's judgments. The Committee of Ministers oversees the contracting states' changes to their national law in order that it is compatible with the convention, or individual measures taken by
24278-544: The convention. Furthermore, since the Treaty of Lisbon took effect on 1 December 2009, the EU is expected to sign the convention. That would mean that the Court of Justice is bound by the judicial precedents of the Court of Human Rights' case law and so is subject to its human rights law, which would avoid issues of conflicting case law between these two courts. In December 2014, the CJEU released Opinion 2/13 rejecting accession to
24477-438: The convention. The court's primary means of judicial interpretation is the living instrument doctrine , meaning that the Convention is interpreted in light of present-day conditions. International law scholars consider the ECtHR to be the most effective international human rights court in the world. Nevertheless, the court has faced challenges with verdicts not implemented by the contracting parties. On 10 December 1948,
24676-446: The core central Georgian region of Kartli , recorded from the 9th century, and in extended usage referring to the entire medieval Kingdom of Georgia prior to the 13th century. The Georgian circumfix sa -X- o is a standard geographic construction designating 'the area where X dwell', where X is an ethnonym . The self-designation used by ethnic Georgians is Kartvelebi ( ქართველები , i.e. 'Kartvelians'), first attested in
24875-591: The country is named საქართველო ( Sakartvelo ) and Қырҭтәыла ( Kərttʷʼəla ) respectively. Prior to the adoption of the Constitution in 1995 and following the dissolution of the USSR , the country was commonly called the "Republic of Georgia" and occasionally it still is. Several languages continue to use the Russian variant of the country's name, Gruzia , which the Georgian authorities have sought to replace through diplomatic campaigns. Since 2006, Israel, Japan, and South Korea legally changed their appellation of
25074-599: The country to variants of the English Georgia . In 2020, Lithuania became the first country in the world to adopt Sakartvelas in all official communications. The oldest traces of archaic humans in what is now Georgia date from approximately 1.8 million years ago in the form of the Dmanisi hominins , a subspecies of Homo erectus representing the oldest-known fossils of hominins in Eurasia . Buffered by
25273-471: The court become final three months after they are issued, unless a reference to the Grand Chamber for review or appeal has been made. If the panel of the Grand Chamber rejects the request for referral, the judgment of the chamber of the court becomes final. The Grand Chamber is made up of 17 judges: the court's president and vice-presidents, the section presidents and the national judge, together with other judges selected by drawing of lots. Grand Chambers include
25472-544: The court has been recognized to date by all 46 member states of the Council of Europe . On 1 November 1998, the court became a full-time institution and the European Commission of Human Rights , which used to decide on admissibility of applications, was abolished by Protocol 11. The accession of new states to the European Convention on Human Rights following the fall of the Berlin Wall in 1989 led to
25671-425: The court is generally divided into inter-state cases, applications by individuals against contracting states, and advisory opinions in accordance with Protocol No.2. Applications by individuals constitute the majority of cases heard by the court. A committee is constituted by three judges, chambers by seven judges, and a Grand Chamber by 17 judges. Applications by individuals against contracting states, alleging that
25870-430: The court: The Committee of Ministers may, by majority vote, ask the court to deliver an advisory opinion on the interpretation of the European Convention on Human Rights , unless the matter relates to the content and scope of fundamental rights which the court has already considered. Since 2018, member states can similarly request advisory opinions on questions of principle concerning the interpretation or application of
26069-435: The deployment of Russian forces to Abkhazia. The resolution stated that the peacekeeping structure should be changed because Russia was no longer an unbiased player. Russian railroad troops started to withdraw from Abkhazia on 30 July after attending the inauguration of the railroad. The fixed railroad was used to transport military equipment by at least a part of the 9,000 Russian soldiers who entered Georgia from Abkhazia during
26268-481: The empire. The principality of Guria was abolished and incorporated into the Empire in 1829, while Svaneti was gradually annexed in 1858. Mingrelia , although a Russian protectorate since 1803, was not absorbed until 1867. Russian rule offered the Georgians security from external threats, but it was also often heavy-handed and insensitive. By the late 19th century, discontent with the Russian authorities grew into
26467-594: The entire Caucasus, though Christian rulers of Iberia sought to rebel at times, leading to devastating wars in the 5–6th centuries, most famously under the rule of King Vakhtang Gorgasali who expanded Iberia to its largest historical extent by capturing all of western Georgia and building a new capital in Tbilisi . In 580, the Sasanian Empire abolished the Kingdom of Iberia, leading to the disintegration of its constituent territories into various feudal regions by
26666-598: The entire front line, which lasted until the dawn of 7 August. Exchanges resumed following a brief gap in the morning. South Ossetian leader Eduard Kokoity announced that the South Ossetian armed forces were ready to go on the offensive in the next few hours. At 14:00 on 7 August, two Georgian peacekeepers in Avnevi became casualties of Ossetian shelling. At about 14:30, Georgian tanks, 122 mm howitzers and 203 mm self-propelled artillery began heading towards South Ossetia to dissuade separatists from additional attacks. During
26865-533: The escalation of the conflict with Russia. Georgian, South Ossetian, Russian and North Ossetian peacekeepers were posted in South Ossetian conflict zone under the Joint Control Commission 's (JCC) mandate. Some, mostly ethnically Georgian parts of the former South Ossetian Autonomous Oblast remained under the Georgian control. The Tskhinvali-based separatist authorities of the self-proclaimed Republic of South Ossetia were in control of one third of
27064-555: The exercise, which concluded on 31 July. Counter-insurgency action was the focal point of the joint exercise. The Georgian brigade was trained to serve in Iraq . The Russian exercise was named Caucasus 2008 and units of the North Caucasus Military District , including the 58th Army, took part. The exercise included training to aid peacekeeping forces stationed in Abkhazia and South Ossetia. During exercises,
27263-494: The first female ruler of Georgia, is considered the most successful in Georgian history. Tamar was given the title "king of kings" and succeeded in neutralizing her opposition, while embarking on an energetic foreign policy aided by the downfall of the rival powers of the Seljuks and Byzantium. Supported by a powerful military élite, Tamar was able to build on the successes of her predecessors to consolidate an empire that dominated
27462-464: The first use of fibers, possibly for clothing, more than 34,000 years ago, the first cases of viticulture ( 7th millennium BC ), and the first signs of gold mining ( 3rd millennium BC ). The Kura-Araxes , Trialeti , and Colchian cultures coincided with the development of proto-Kartvelian tribes that may have come from Anatolia during the expansion of the Hittite Empire , including
27661-467: The four months from the last internal decision complained of, anonymity, substantial identity with a matter already submitted to the court, or with another procedure of international investigation. If the Judge Rapporteur decides that the case can proceed, the case is then referred to a chamber of the court which, unless it decides that the application is inadmissible, communicates the case to
27860-443: The government of the state against which the application is made, asking the government to present its observations on the case. The chamber of the court then deliberates and judges the case on its admissibility and its merits. Cases that raise serious questions of interpretation and application of the European Convention on Human Rights, a serious issue of general importance, or which may depart from previous case law can be heard in
28059-412: The holding of a private hearing. In practice the majority of cases are heard in private following written pleadings. In confidential proceedings the court may assist both parties in securing a settlement, in which case the court monitors the compliance of the agreement with the convention. However, in many cases, a hearing is not held. The judgment of the Grand Chamber is final. Judgments by the chamber of
28258-504: The inability of the national courts to remedy the breaches, by exercising the appropriate remedies effective and adequate, and in substance alleging a violation of the Convention. Rule 39 of the Rules of the Court permits the ECtHR to "indicate to the parties any interim measure which they consider should be adopted in the interests of the parties or of the proper conduct of the proceedings." Interim measures are binding and afford litigants temporary protections on an expedited basis, although
28457-537: The incorporation of Georgia (Kartli-Kakheti) within the Russian Empire, which was finalized by a decree on 8 January 1801, and confirmed by Tsar Alexander I on 12 September 1801. The Bagrationi royal family was deported from the kingdom. The Georgian envoy in Saint Petersburg reacted with a note of protest that was presented to the Russian vice-chancellor, Prince Kurakin. In May 1801, under
28656-429: The independence of the court, judges are not allowed to participate in activity that may compromise the court's independence. Judges cannot hear or decide a case if they have a familial or professional relationship with a party. A judge can be dismissed from office only if the other judges decide, by a two-thirds majority, that the judge has ceased to fulfil the required conditions. Judges enjoy, during their term as judges,
28855-635: The invasion of Georgia. The Chief of the General Staff of the Russian Armed Forces Yuri Baluyevsky said on 11 April that Russia would carry out "steps of a different nature" in addition to military action if Ukraine and Georgia join NATO. General Baluyevsky said in 2012 that after President Putin had decided to wage the war against Georgia prior to the May 2008 inauguration of Dmitry Medvedev as president of Russia,
29054-588: The kingdom no time for restoration, with both Qara Qoyunlu and Aq Qoyunlu Turkomans constantly raiding its southern provinces. The Kingdom of Georgia collapsed into anarchy by 1466 and fragmented into three independent kingdoms and five semi-independent principalities . Neighboring large empires subsequently exploited the internal division of the weakened country, and beginning in the 16th century, various Ottoman and Iranian forces subjugated western and eastern regions of Georgia, respectively. This pushed local Georgian rulers to seek closer ties with Russia. In 1649,
29253-525: The land'). These centuries-old explanations for the word Georgia / Georgians are now mostly rejected by the scholarly community, who point to the Persian word gurğ / gurğān ( گرگ , ' wolf ' ) as the likely root of the word. Under this hypothesis, the same Persian root was later adopted in numerous other languages, including Slavic and West European languages. The native name is Sakartvelo ( საქართველო ; 'land of Kartvelians '), derived from
29452-527: The landless Ossetian peasants living in Shida Kartli , who were affected by Bolshevism and demanded ownership of the lands they worked, and the Menshevik government -backed ethnic Georgian nobility, who were legal owners. Although the Ossetians were initially discontented with the economic stance of Tbilisi authorities, the tension shortly transformed into ethnic conflict. Ossetian insurgents repelled
29651-434: The leg. The number of Russian forces deployed in South Ossetia exceeded the number of Georgian fighters already by 9 August. A ceasefire was unilaterally announced on 10 August by Georgian authorities, who stated an aim to pull Georgian troops out of South Ossetia. However, Russia did not embrace this truce offer. After the ceasefire agreement was negotiated by French president Nicolas Sarkozy on 12 August, 15:00 on 12 August
29850-403: The legal expenses incurred in domestic courts and the court in bringing the case. The court's judgments are public and must contain reasons justifying the decision. Article 46 of the convention provides that contracting states undertake to abide by the court's final decision. On the other hand, advisory opinions are, by definition, non-binding. The court has to date decided consistently that under
30049-591: The living instrument doctrine has changed ECtHR jurisprudence over time is with regard to differential treatment exclusively based on ethnicity , gender, religion, or sexual orientation , which it is increasingly likely to label unjustified discrimination . In addition, with the proliferation of alternative family arrangements, the court has expanded its definition of family under Article 8, for example to same-sex couples , as in Oliari and Others v Italy (2015). Although defenders argue that living instrument doctrine
30248-415: The majority Georgian populations, erupted into widespread inter-ethnic violence and wars. Supported by Russia, Abkhazia and South Ossetia achieved de facto independence from Georgia, with Georgia retaining control only in small areas of the disputed territories. Eduard Shevardnadze (Soviet Minister of Foreign Affairs from 1985 to 1991) was named as the head of Georgia's new government in March 1992 and
30447-580: The name Georgia is in Italian on the mappa mundi of Pietro Vesconte dated 1320. At the early stage of its appearance in the Latin world, the name was often spelled Jorgia . Lore-based theories were given by traveler Jacques de Vitry , who explained the name's origin by the popularity of St. George among Georgians, while Jean Chardin thought that Georgia came from the Greek γεωργός ('tiller of
30646-715: The nation's cultural and intellectual life. During World War II , Germany led an Axis invasion of the Soviet Union in June 1941 with the aim of conquering all territory up to the Ural Mountains . As the initial operation stalled, the Axis launched the Fall Blau offensive in 1942 to take control of strategic Caucasian oil fields and munitions factories; ultimately, Axis troops were stopped before reaching Georgian borders. Over 700,000 Georgians—constituting about 20 percent of
30845-481: The north and northeast, Turkey to the southwest, Armenia to the south, and Azerbaijan to the southeast. Georgia covers an area of 69,700 square kilometres (26,900 sq mi). It has a population of 3.7 million, of which over a third live in the capital and largest city , Tbilisi . Georgians , who are native to the region, constitute a majority of the country's population and are its titular nation . Georgia has been inhabited since prehistory , hosting
31044-481: The operation to enforce peace is carried out." On the evening of 6 August, an attempt by Saakashvili to contact the President of Russia about the conflict was curbed by the Russian Foreign Ministry , which said: "the time for presidential negotiations has not yet arrived." Mortar and artillery exchange between the South Ossetian and Georgian forces erupted in the afternoon of 6 August across almost
31243-546: The oversight of General Carl Heinrich von Knorring, Imperial Russia transferred power in eastern Georgia to the government headed by General Ivan Petrovich Lazarev . The Georgian nobility did not accept the decree until 12 April 1802, when Knorring assembled the nobility at the Sioni Cathedral and forced them to take an oath on the Imperial Crown of Russia . Those who disagreed were temporarily arrested. In
31442-547: The pipeline has been a major factor in the United States' backing for Georgia . During the NATO summit in Bucharest in April 2008, American president George W. Bush campaigned for offering a Membership Action Plan (MAP) to Georgia and Ukraine . However, Germany and France said that offering a MAP to Ukraine and Georgia would be "an unnecessary offence" for Russia. NATO stated that Ukraine and Georgia would be admitted in
31641-418: The population—fought in the Red Army to repel the invaders and advance towards Berlin; an estimated 350,000 were killed. After Stalin's death , Nikita Khrushchev became the leader of the Soviet Union and implemented a policy of de-Stalinization . Khrushchev's purges were met with riots in Tbilisi that had to be dispersed by military force. This violent turn of events that compromised Georgian loyalty to
31840-446: The principle of "emerging consensus" of the member states on which the ECtHR operates is fundamentally flawed, because such a consensus often relies on trends, and historically in many instances social and political consensus was retrospectively acknowledged to have been wrong. Such an approach is accused of risking stigmatisation and coercion of the few dissenting countries, encouraging a pack mentality . Furthermore, critics argue that
32039-509: The privileges and immunities provided for in Article 40 of the Statute of the Council of Europe . The European Court of Human Rights is assisted by a registry made up of around 640 agents, of which a little less than half of lawyers divided into 31 sections. The registry carries out preparatory work for the judges., and performs the communication activities of the court, with the applicants,
32238-408: The public and the press. The registrar and the deputy registrar are elected by the Plenary Court. The plenary court is an assembly of all of the court's judges. It has no judicial functions. It elects the court's president, vice-president, registrar and deputy registrar. It also deals with administrative matters, discipline, working methods, reforms, the establishment of Chambers and the adoption of
32437-438: The recognition and South Ossetia had to solve this problem. He further stated that South Ossetia's independence would block Georgia's NATO membership and the recognition must take place before December 2008. The Kavkaz Center reported in early July that Chechen separatists had intelligence data that Russia was preparing a military operation against Georgia in August–September 2008 which mainly aimed to expel Georgian forces from
32636-415: The region; this also led to the establishment of several feudal states seeking independence from each other, such as the Emirate of Tbilisi and the Principality of Kakheti . Western Georgia remained mostly a Byzantine protectorate, especially following the Lazic War . The lack of a central government in Georgia allowed the rise of the Bagrationi dynasty in the early 9th century. Consolidating lands in
32835-413: The regular (non-peacekeeping) Russian Army had already moved to South Ossetian territory through the Roki Tunnel before the Georgian military operation. Even the state-controlled Russian TV aired Abkhazia's de facto president Sergei Bagapsh on 7 August as saying: "I have spoken to the president of South Ossetia. It has more or less stabilized now. A battalion from the North Caucasus District has entered
33034-413: The reigns of David IV (r. 1089–1125) and his great-granddaughter Tamar (r. 1184–1213) has been widely termed as the Georgian Golden Age . This early Georgian renaissance, which preceded its Western European analog, was characterized by impressive military victories, territorial expansion, and a cultural renaissance in architecture, literature, philosophy and the sciences. The Golden Age of Georgia left
33233-415: The same day that by taking control of Tskhinvali, Tbilisi wanted to demonstrate that Georgia wouldn't tolerate the killing of Georgian citizens. By 15:00 MSK , an urgent session of Security Council of Russia had been convened by Russian president Dmitry Medvedev and Russia's options regarding the conflict had been discussed. Russia accused Georgia of "aggression" against South Ossetia. Russia has stated it
33432-402: The same day. According to researcher Andrey Illarionov , the South Ossetian separatists evacuated more than 20,000 civilians, which represented more than 90 per cent of the civilian population of the future combat zone. On 4 August, South Ossetian president Eduard Kokoity said that about 300 volunteers had arrived from North Ossetia to help fight the Georgians and thousands more were expected from
33631-459: The separatist-accredited bodies were also recognised. After a United Nations Security Council session on 23 April convened at Georgia's demand, the United States, the United Kingdom, France and Germany stated in a declaration: "We call on the Russian Federation to revoke or not to implement its decision." However, this was labelled a "tall order" by Vitaly Churkin , Russian Ambassador to the UN. A Georgian reconnaissance drone flying over Abkhazia
33830-731: The single largest ethnic group in the region. The upper Kodori Gorge in northeast Abkhazia remained beyond the Abkhaz separatist government's sway. Transcaucasia lies between the Russian region of the North Caucasus and the Middle East , constituting a " buffer zone " between Russia and the Middle East. It borders Turkey and Iran . The strategic importance of the region has made it a security concern for Russia. Significant economic reasons, including access to major petroleum reserves, further affects interest in Transcaucasia. Rule over Transcaucasia, according to Swedish academic Svante Cornell , would allow Russia to manage Western involvement in Central Asia , an area of geopolitical importance. Russia saw
34029-419: The southwestern region of Tao-Klarjeti , Prince Ashot I (813–830) used infighting between Arab governors to expand his influence to Iberia and was recognized as Presiding Prince of Iberia by both the Abbasid Caliphate and the Byzantine Empire. Though Ashot's descendants formed competing princely lines, Adarnase IV managed to unify most Georgian lands (except for Kakheti and Abkhazia) and was crowned King of
34228-409: The state can afford to pay than the specific harm suffered by the complainant. In some cases, repeated patterns of human rights violations lead to higher awards in an effort to punish the responsible state, but paradoxically in other cases they lead to lower awards, or the cases being struck entirely. The court's primary method of judicial interpretation is living instrument doctrine , meaning that
34427-403: The state violated their rights under the European Convention on Human Rights , can be made by any person, non-governmental organisation , or group of individuals. Although the official languages of the court are English and French, applications may be submitted in any one of the official languages of the contracting states. An application has to be made in writing and signed by the applicant or by
34626-433: The summer of 1805, Russian troops on the Askerani River near Zagam defeated the Iranian army during the 1804–13 Russo-Persian War and saved Tbilisi from reconquest now that it was officially part of the Imperial territories. Russian suzerainty over eastern Georgia was officially finalized with Iran in 1813 following the Treaty of Gulistan . Following the annexation of eastern Georgia, the western Georgian kingdom of Imereti
34825-461: The territory of the former South Ossetian Autonomous Oblast before the 2008 war, Georgia controlled another third and the rest was not controlled by anyone. This situation was mirrored in Abkhazia, an autonomous republic in the Georgian Soviet Socialist Republic, where the Abkhaz separated from Georgia during the war in the early 1990s . By 2003, the population of Abkhazia was reduced from 525,000 to 216,000 after an ethnic cleansing of Georgians ,
35024-423: The time, more than 90 per cent of applications were declared to be inadmissible, and the majority of cases decided—around 60 per cent of the decisions by the court—related to what is termed repetitive cases : where the court has already delivered judgment finding a violation of the European Convention on Human Rights or where well established case law exists on a similar case. Protocol 11 was designed to deal with
35223-401: The twelve member states of the newly created Council of Europe began work on the European Convention on Human Rights , drawing inspiration from the rights already set out in the Declaration, but with the crucial difference that—for the European countries which chose to sign up to it—there would be a judicial mechanism to ensure that they respected the basic rights of their citizens. The court
35422-425: The two countries faced a new common enemy, the rising Seljuk Empire in the 1060s. Following the decisive Byzantine defeat at the Battle of Manzikert in 1071, Constantinople started to retreat from eastern Anatolia and entrusted Georgia with its administration, placing Georgia at the forefront of Turkish in the 1080s. The Kingdom of Georgia reached its zenith in the 12th to early 13th centuries. This period during
35621-464: The universal nature of human rights. Proportionality analysis governs much of the Court's jurisprudence. The guarantees of ECHR Articles 8, 9, 10, and 11 are subject to whatever limitations may be "necessary in a democratic society," citing factors including national security, public safety, health and morals, and the rights and freedoms of others. Such conditions require the balancing of individual rights and community interests, as first articulated in
35820-452: The village of Kvaysa from the west of South Ossetia by Georgian special police forces was thwarted by South Ossetian troops occupying reinforced posts, and several Georgians were wounded. The Georgian 4th Brigade advanced on the left side of Tskhinvali early in the morning on 8 August; the 3rd Brigade advanced on the right side. The purpose of these actions was to advance to the north after capturing key positions. The Georgian troops would secure
36019-424: The war, 20,272 people, mostly ethnic Georgians, remained displaced as of 2014. In 2021, the European Court of Human Rights ruled that Russia maintained "direct control" over the separatist regions and was responsible for grave human rights abuses taking place there. In 2022, the International Criminal Court issued arrest warrants for three Russian nationals because of war crimes against ethnic Georgians during
36218-424: The war. In late June, Russian military expert Pavel Felgenhauer predicted that Vladimir Putin would start a war against Georgia in Abkhazia and South Ossetia supposedly in August. Aleksandr Dugin , known for his strong ties with the Russian military and intelligence, suggested at a press conference in South Ossetia on 30 June that the existence of Georgian enclaves in South Ossetia was the last remaining barrier to
36417-453: The war. South Ossetia's de facto government predominantly employed Russian citizens, who had occupied similar government posts in Russia, and Russian officers dominated South Ossetia's security organisations. The conflicts in Georgia remained at a stalemate until 2004, when Mikheil Saakashvili came to power after Georgia's Rose Revolution , which ousted president Eduard Shevardnadze . Restoring South Ossetia and Abkhazia to Georgian control
36616-409: The world's earliest known sites of winemaking , gold mining, and textiles. The classical era saw the emergence of several kingdoms, such as Colchis and Iberia , that formed the nucleus of the modern Georgian state. In the early fourth century, Georgians officially adopted Christianity , which contributed to the unification into the Kingdom of Georgia . Georgia reached its Golden Age during
36815-461: Was invaded and annexed by the Red Army in 1921, becoming one of the Republics of the Soviet Union . In the 1980s, an independence movement grew quickly, leading to Georgia's secession from the Soviet Union in April 1991. For much of the subsequent decade , the country endured economic crises, political instability , and secessionist wars in Abkhazia and South Ossetia . Following the peaceful Rose Revolution in 2003, Georgia strongly pursued
37014-477: Was a first concern of Saakashvili. The Georgian government launched an initiative to curb smuggling from South Ossetia in 2004 after its success in restoring control in Adjara . Tensions were further escalated by South Ossetian authorities. Intense fighting took place between Georgian forces and the South Ossetians between 8 and 19 August. At the Parliamentary Assembly of the Council of Europe in Strasbourg in January 2005, Georgian president Saakashvili proposed
37213-449: Was annexed by Tsar Alexander I. The last Imeretian king and the last Georgian Bagrationi ruler, Solomon II , died in exile in 1815, after attempts to rally people against Russia and to enlist foreign support against the latter, had been in vain. From 1803 to 1878, as a result of numerous Russian wars now against Ottoman Turkey , several of Georgia's previously lost territories – such as Adjara – were recovered, and also incorporated into
37412-439: Was defending both peacekeepers and South Ossetian civilians who were Russian citizens. While Russia claimed that it had to conduct peacekeeping operations according to the international mandates, in reality such accords had only arranged the ceasefire observer status; according to political scientist Roy Allison, Russia could evacuate its peacekeepers if attacked. At around 16:00 MSK, it became known that two heavy armoured columns of
37611-408: Was deposed by the Rose Revolution , after Georgian opposition and international monitors asserted that 2 November parliamentary elections were marred by fraud. The revolution was led by Mikheil Saakashvili , Zurab Zhvania and Nino Burjanadze , former members and leaders of Shevardnadze's ruling party. Mikheil Saakashvili was elected as President of Georgia in 2004. Following the Rose Revolution,
37810-412: Was drafted with the aim of reducing the workload of the court and that of the Committee of Ministers of the Council of Europe, which supervises the execution of judgments, so that the court could focus on cases that raise important human rights issues. Judges are elected for a non-renewable nine-year term. The number of full-time judges sitting in the court is equal to the number of contracting states to
38009-492: Was elected as head of state in that year's elections , later as president in 1995 . During the War in Abkhazia (1992–1993) , roughly 230,000 to 250,000 Georgians were expelled from Abkhazia by Abkhaz separatists and North Caucasian militants (including Chechens). Around 23,000 Georgians fled South Ossetia. By 1994, Georgia was facing a severe economic crisis, with bread rations and shortages of electricity, water and heat. In 2003, Shevardnadze (who won re-election in 2000)
38208-539: Was elected president in the first presidential election with 86.5% of the vote on a turnout of over 83%. Gamsakhurdia was soon deposed in a bloody coup d'état , from 22 December 1991 to 6 January 1992. The coup was instigated by part of the National Guard and a paramilitary organization called " Mkhedrioni " ("horsemen"). The country then became embroiled in a bitter civil war , which lasted until December 1993. Simmering disputes within two regions of Georgia; Abkhazia and South Ossetia , between local separatists and
38407-417: Was endorsed by Russia since he would subvert the peaceful reunification of South Ossetia with Georgia. The Russian government began massive allocation of Russian passports to the residents of Abkhazia and South Ossetia in 2002 without Georgia's permission; this "passportization" policy laid the foundation for Russia's future claim to these territories. In 2003, President Putin began to consider the possibility of
38606-403: Was established in 1959 and decided its first case in 1960 in Lawless v. Ireland . An application can be lodged by an individual, a group of individuals, or one or more of the other contracting states. Aside from judgments, the court can also issue advisory opinions. The convention was adopted within the context of the Council of Europe, and all of its 46 member states are contracting parties to
38805-417: Was established on 21 January 1959 on the basis of Article 19 of the European Convention on Human Rights when its first members were elected by the Parliamentary Assembly of the Council of Europe . Initially, access to the court was restricted by the European Commission of Human Rights , abolished in 1998. The court kept a low profile during its first years and did not accumulate much case law, first finding
39004-421: Was planning to "invade" Abkhazia, and that Russia would "retaliate" against Georgian offensive and had deployed more military in the separatist regions. No boost in the Kodori Gorge or near the Abkhaz border by either party was confirmed by the UNOMIG. The number of Russian peacekeepers deployed in Abkhazia was boosted to 2,542 in early May. But Russian troop levels remained under the cap of 3,000 troops imposed by
39203-417: Was set as a deadline for the cessation of military action; however, Russian forces didn't stop pushing forward. Gori is an important city in the centre of Georgia, located about 25 km (16 mi) from Tskhinvali. On 9 August, Russia indiscriminately bombed Gori, with targets ranging from a military garrison to several large civilian apartment buildings and a school. The Georgian government reported that
39402-399: Was shot down by a Russian warplane on 20 April. However, Russia denied responsibility for the incident and Abkhazia claimed that an "L-39 aircraft of the Abkhaz Air Force" shot down the UAV . An allegation of an attack by a NATO MiG-29 was made by the Russian Ambassador to NATO, Dmitry Rogozin. NATO Secretary General Jaap de Hoop Scheffer commented that "he'd eat his tie if it turned out that
39601-462: Was the first time in the 2000s that Russia had confessed to an overflight of Georgia. On 15 July, the United States and Russia began two parallel military trainings in the Caucasus, though Russia denied that the identical timing was intentional. The joint US-Georgian exercise was called Immediate Response 2008 and also included servicemen from Ukraine, Azerbaijan and Armenia . A total of 1,630 servicemen, including 1,000 American troops, took part in
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