Legal Considerations in Russia-Georgia Warv

Subject Areas :

Ali Omidi ¹ , Masoud Rezaei ²

1 - ([e-mail]) 1. استادیار و عضو هیأت علمی گروه روابط بین الملل دانشگاه اصفهان (msd.rezaei@yahoo.c
2 - ([e-mail]. کارشناس ارشد روابط بین الملل دانشگاه آزاد اسلامی واحد شهرضا

Received: 2011-03-16 Accepted : 2011-07-08 Published : 2011-06-01

Keywords: Russia, International Law, Determination, Georgia, right of self, legitimate defence, Abkhazia, Southern Ossetia,

Abstract :

International crises have always been a testing arena for international law. In this regard the conflict and war between countries، due to its wider repercussions and its deeper impact، is a more sensitive issue. The study of the observance of the principles and rules of international law in Russia-Georgia war which occurred on 8 August 2008 can be suitable criteria for evaluating the orientations and measures of the two countries. The question raised by the present article is، from legal point where does the Russia-Georgia war stands and what legal justification one can have for the military invasion of Georgia in Southern Ossetia and also the military intervention of Russia to protect the Russian citizens residing in Southern Ossetia. The article by a descriptive-analytical method wants to evaluate the conformity or non-conformity of the stands of the two countries with the principle and rules of international law. The findings of the study shows that the military invasion of Russia to territory of Georgia and also resort to undue force by the Georgian forces in autonomous republic of Southern Ossetia had been contrary to customary and conventional principles of international law and both the warring parties have breached certain aspects of international law.