Ethnic Conflicts and Peacebuilding in Georgia

2022 ◽  
pp. 91-106
Author(s):  
Sophio Midelashvili ◽  
Jemal Gakhokidze

The chapter deals with the problem of territorial integrity of Georgia, particularly two adjusted regions, Abkhazia and South Ossetia. Today, 20% of Georgian territory is occupied. After the Russian-Georgian War in 2008, things changed radically to the detriment of Georgia's national interests, in particular, the occupation of Abkhazia and South Ossetia by Russia, their recognition as independent states, and ethnic cleansing of Georgians by disregarding the fundamental principles of international law. All these are known to the international community, and it became visible to the whole world. The issues are in the field of permanent national interests of Georgia. Under such situation, it became necessary to search for new ways of conflict resolution based only upon real politics.

Author(s):  
O. Bolotnikova

The author explores the phenomenon of today's ethnic conflicts which are less frequently turning into the wars between states. The author uses the cases of the countries of former Soviet Union, Western Europe, Africa in order to examine important aspects of the ethnic conflicts settlement. It is concluded that the heart of the problems is the correlation between two fundamental principles of the international law (usually regarded as antagonists in terms of the settlement of such conflicts). Namely, these are the principle of states’ territorial integrity and the principle of peoples’ right to self-determination.


The second part of the article considers the issue of the contradiction of the realization of the right to self-determination and the principle of territorial integrity of Serbia and Ukraine on the example of Kosovo and Crimea. It presents an analysis of the legitimacy of the will expression of Kosovars and Crimeans and its compliance with the norms of international law. The preconditions and factors of the ethnopolitical conflict are examined and the main problematic issues that caused controversies between the central and local authorities in Kosovo and Crimea are identified. The article emphasizes that the result of the plebiscites in Kosovo (1998) and Crimea (2014) was the declaration of independence, denied by central authorities of Serbia and Ukraine and met with mixed reactions by the international community. The self-proclaimed republics have only external features of statehood and are subject to external administration of other countries. A latent opposition of geopolitical opponents in the international arena is noted, which is to some extent traced through the position on the recognition / non-recognition of Kosovo and Crimea. The article draws attention to the fact that inconsistent interpretations of certain principles of international law promote secession movements in countries where conflicts periodically arise between central and local authorities. The emphasis is placed on the necessity of a clearer definition of the aforementioned international legal norms and obligations undertaken by subjects of international law. The article holds that in order to avoid such situations as in Kosovo or Crimea, to eliminate conflicts related to the possibility of an ambiguous interpretation and application of the principles of international law, an internationally recognized system of more stringent and comprehensive measures should be introduced to cease and prevent threats to the territorial integrity of countries. A strong position of the international community on the abovementioned principles with the history of the liberation movements of these peoples taken into account should become the measure precluding the aggravation of conflict situations related to the aspiration of peoples for self-determination.


2017 ◽  
Vol 5 (1) ◽  
pp. 37
Author(s):  
Marcin Marcinko ◽  
Bartosz Rogala

The ongoing conflict in Ukraine raises significant questions related to the fundamental features of international law. The chief concern is the efficacy of the said legal order as well as territorial integrity and right to self determination. Since the political crisis has led to a military clash, so-called hybrid warfare and the rules on occupation are also discussed. It seems the current geopolitical scene has led to what some perceive as a watering down of the rules of international law and further exposure of the flaws of the UN. International law, however, despite its shortcomings and limitations, still offers valid solutions to the international community as a way to solve not only the discussed conflict, but also many others.


2019 ◽  
Vol 11 (4) ◽  
pp. 435-450
Author(s):  
Simon Adams

The failure of the international community to adequately respond to patterns of discrimination against the ethnic Rohingya minority in Myanmar (Burma) eventually led to a genocide. The so-called “clearance operations” launched by Myanmar’s military in August 2017 tested the resilience of the international community’s commitment to defending human rights and upholding its Responsibility to Protect (R2P) populations from genocide, ethnic cleansing, crimes against humanity and war crimes. Two years later the UN Security Council has still not adopted a single resolution to name the crime committed against the Rohingya, or to hold the perpetrators accountable. Nevertheless, Rohingya survivors and international civil society have continued to campaign for justice under international law, and to advocate for targeted sanctions to be imposed on those responsible for atrocities. Faced with an inert Security Council, some UN member states have adopted inventive diplomatic measures to uphold their responsibility to protect.


2017 ◽  
Vol 1 (1) ◽  
pp. 51-67
Author(s):  
Irawati Handayani

AbstractHuman rights issues have become a common topic that continuously being discussed around the world. The major concern of international community on the protection of basic human rights leads to a challenge for the nation state to fulfill its commitment to protect the basic rights of their people from the possibility of harm that comes from internally or externally. Meanwhile, the principle of mutual understanding and respect among states and non-interference to domestic affairs of particular state has been generally recognized as the main principle in international law. Sometimes, a conflict that occurred inside a state, which is theoretically becomes a domestic issue, could be escalated and become a mutual concern of international society. When a human right violation occurred inside a state, ideally international community can not only ‘sit and watch’. Especially when the violations are classified as grave breaches of human rights. The world community has a moral obligation to offer an assistance and search a solution to end that violations.It is cleary noted that Article 2 (4) and Article 2 (7) United Nations (UN) Charter should not be regarded as an absolute prohibition of interference. Those articles are the limitation so that the intervention should not endangered territorial integrity, political independence and not contrary to the purposes of UN. However, the territorial integrity would be broken if the state lose their territory permanently, and in the context of humanitarian intervention there is no taking over a territory, since the main purpose is only to restore the condition as a result of human rights violation that occurred. Based on this assumption so intervention not contrary to UN Charter. One thing should be emphasized is that the requirements for intervention have to be very clear.Following an unsettled debate on criterion of humanitarian intervention, a few years ago there were a new concept which is believed as an improvement or a ‘new face’ from humanitarian intervention. It called the doctrine of Responsibility to Protect. Generally, both of these concepts have similarity, especially with the main purpose on guarantee basic human rights and provide such protection when the authorized government is unable and unwilling to do so. However, the RtoP doctrine can not also avoid its controversy. The main discussion on this doctrine particularly questioning the legal status of this doctrine in international law and whether RtoP is only a new form of humanitarian intervention.Keywords: humanitarian internvention, responsibility to Protect (R2P), duty to protect, non intervention, customary international law.AbstrakIsu mengenai HAM telah menjadi topik umum yang terus menerus didiskusikan diseluruh dunia. Perhatian utama dari komunitas internasional dalam hal perlindungan mendasar HAM selanjutnya menantang negara-negara untuk melakukan pemenuhan komitmen mereka agar melakukan perlindungan hak-hak mendasar dan tindakan yang dapat mengancam baik secara internal maupun secara eksternal. Sementara itu prinsip salaing pengertian dan penghargaan antar negara, prinsip non-intervensi dalam hubungan domestik telah diakui sebagai prinsip utama dalam hukum internasional. Kadang, konflik yang lahir di dalam negeri, yang secara teori adalah konflik domestik, dapat menjadi perhatian bersama masyarakat internasional. Pada saat terjadi pelanggaran HAM didalam suatu negara, seharusnya komunitas internasional tidak hanya ‘duduk dan melihat’. Khususnya pada saat terjadi pelanggaran yang dikategorikan sebagai pelanggaran berat terhadap HAM. Komunitas negara mempunyai kewajiban moral untuk menawarkan bantuan dan mencari solusi untuk mengakhiri pelanggaran tersebut.Seperti yang dijelaskan dalam Pasal 2 (4) dan Pasal 2 (7) Piagam PBB, pasal-pasal ini tidak dapat diangap sebagai larangan absolut interfensi. Pasal-pasal tersebut adalah pembatasan sehingga intervensi tidak membahayakan inegritas wilayah, indpendensi politik dan tidak bertentangan dengan tuujuan PBB. Meskipun demikian, integritas wilayah dapat hilang apabila negara kehilangan wilayahnya secara permanen, dan dalam konteks intervensi kemanusiaan tidak ada pengambil alihan wilayah, karena tujuan utamanya hanya untuk mengembalikan kedaaan pada saat terjadinya pelanggaran HAM. Berdasarkan asumsi tersebut, maka intervensi tidak bertentangan dengan Piagam PBB. Hal lain yang harus diperjelas bahwa alasan intervensi haruslah jelas.Mengikuti perdebatan yang tidak kunjung sellesai tentang kriteria intervensi kemanusiaan, beberapa tahun yang lalu dibuatlah suatu konsep yang dianggap sebagai wajah baru dari intervensi kemanusiaan. Secara umum, kedua konsep ini mempunyai kesamaan, terutama dengan tujuan utama dalam menjamin HAM dan menyediakan sejumlah perlindungan pada saat pemerintah yang berwenang tidak mampu dan tidak dapat memberikan jaminan HAM. Meskipun demikian, Doktin RtoP tidak dapat terhindar dari kontroversi. Diskusi utama dari doktrin ini adalah pertanyaan tentang status hukum dari doktrin hukum internasional dan apakah RtoP merupakan bentuk lain dari intervensi kemanusiaaan. Kata kunci: intervensi kemanusiaan, tanggung jawab untuk melindungi (R2P), kewajiban perlindungan, non intervensi ̧ hukum kebiasaan internasional.


2020 ◽  
Vol 89 (1) ◽  
pp. 38-66
Author(s):  
Tero Lundstedt

All 15 former Soviet Republics share a unique federal history with a particular understanding of the right to self-determination. Moreover, seven of them were federalised during the Soviet era, amounting to a major challenge to their territorial integrity after independence. While these states confronted their minorities in different ways, the Russian solution to its inherited national question has been the most comprehensive. This has made Russian understanding on self-determination essentially different from the mainstream of the international community, which in turn explains Russian persistent objections over the Kosovo independence (2008) and partly clarifies the events in Georgia (2008) and Crimea (2014). This article analyses how the former Soviet Republics coped with the transformation from the ethnofederal state to independence. The focus will be on Russia as the most affected of them and on the persistent Soviet legacy in its interpretations of self-determination and, consequently, its policies towards its post-Soviet neighbours.


2009 ◽  
Vol 16 (4) ◽  
pp. 643-651 ◽  
Author(s):  
Magdalena Frichova

This article explores inter-ethnic and minority participation issues in conflict prevention and ongoing conflict settings. Its focus is on two cases: Georgia's Armenian-inhabited Samtskhe-Javakheti and the Georgian-inhabited Gali district under Abkhaz control. Conflict prevention and resolution contexts have been deeply intertwined in Georgia. Tbilisi's approach to Armenian and Azeri minorities has been affected by ongoing conflict in South Ossetia and Abkhazia, and it has in turn had an impact on Abkhaz and Ossetian perceptions of Georgian conflict resolution policies. Some progress with integration of Azeri and Armenian minorities has been achieved, but much is yet to be accomplished: among others, a genuinely open dialogue and a change in the spirit of majority-minority relations are needed. Gali Georgians are trapped between Tbilisi and Sukhumi in increasingly precarious conditions after the 2008 war. Their community has a great potential for conflict transformation activity; the parties to the conflict and the international community should support them to apply it.


2019 ◽  
Vol 27 (4) ◽  
pp. 629-653
Author(s):  
Valerie Muguoh Chiatoh

African states and institutions believe that the principle of territorial integrity is applicable to sub-state groups and limits their right to self-determination, contrary to international law. The Anglophone Problem in Cameroon has been an ever-present issue of social, political and economic debates in the country, albeit most times in undertones. This changed as the problem metamorphosed into an otherwise preventable devastating armed conflict with external self-determination having become very popular among the Anglophone People. This situation brings to light the drawbacks of irregular decolonisation, third world colonialism and especially the relationship between self-determination and territorial integrity in Africa.


2019 ◽  
Vol 1 (1) ◽  
pp. 60-71
Author(s):  
Devi Yusvitasari

A country needs to make contact with each other based on the national interests of each country related to each other, including among others economic, social, cultural, legal, political, and so on. With constant and continuous association between the nations of the world, it is one of the conditions for the existence of the international community. One form of cooperation between countries in the world is in the form of international relations by placing diplomatic representation in various countries. These representatives have diplomatic immunity and diplomatic immunity privileges that are in accordance with the jurisdiction of the recipient country and civil and criminal immunity for witnesses. The writing of the article entitled "The Application of the Principle of Non-Grata Persona to the Ambassador Judging from the Perspective of International Law" describes how the law on the abuse of diplomatic immunity, how a country's actions against abuse of diplomatic immunity and how to analyze a case of abuse of diplomatic immunity. To answer the problem used normative juridical methods through the use of secondary data, such as books, laws, and research results related to this research topic. Based on the results of the study explained that cases of violations of diplomatic relations related to the personal immunity of diplomatic officials such as cases such as cases of persecution by the Ambassador of Saudi Arabia to Indonesian Workers in Germany are of serious concern. The existence of diplomatic immunity is considered as protection so that perpetrators are not punished. Actions against the abuse of recipient countries of diplomatic immunity may expel or non-grata persona to diplomatic officials, which is stipulated in the Vienna Convention in 1961, because of the right of immunity attached to each diplomatic representative.


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