Georgia demands international fund for August 2008 War Victims
International fund for August 2008 War in Georgia
The non-governmental organization “Association of Young Lawyers of Georgia” has spearheaded the effort to establish an international compensation fund, aiming to safeguard the rights of individuals impacted by the 2008 war with the Russian Federation.
This initiative draws parallels with Ukraine’s call for compensation, seeking funds from Russian assets seized abroad as a result of sanctions. The proposed fund would be fueled by assets situated outside of Russia.
“You know that, including as part of the sanctions, some assets of the Russian Federation are in a kind of confiscation regime. Thus, if we take into account that a state has certain assets outside its borders, and also has obligations that it does not fulfill, then perhaps other states should unite around the idea of creating a fund where these funds will be transferred, and then distributed to those affected by the actions of the Russian Federation,” Data Javakhishvili, a lawyer for the Georgian Young Lawyers Association, told Radio Liberty.
As noted in the Association, the creation of such a fund is possible only through the efforts of the Georgian government, working in this direction in the international arena. Accordingly, the Association sent its proposal to the Georgian Ministry of Foreign Affairs with a request to use diplomatic opportunities at the international level to effectively protect the rights of the Georgian population.
“In a joint initiative by the Association of Young Lawyers and the Georgian government, plans are underway to establish an international fund. The objective is to secure financial compensation owed by the Russian Federation to victims of the August war.
According to Javakhishvili, the fund aims to accumulate material assets situated outside the Russian borders and allocate them to individuals, particularly Georgian citizens, whose rights and freedoms, as guaranteed by the European Convention on Human Rights, were violated by the Russian Federation.”
Thus, at the initiative of the Association of Young Lawyers and through the efforts of the Georgian government, an international fund should be created to provide financial compensation that the Russian Federation is obliged to pay to the victims of the August war.
“The Fund must ensure the accumulation of material assets belonging to the Russian Federation outside its borders and transfer them to those people whose rights and freedoms, guaranteed by the European Convention on Human Rights, were violated by the Russian Federation, particularly citizens of Georgia,” Javakhishvili said.”
The letter, which the Georgian Young Lawyers Association sent to the Foreign Ministry on January 26, notes that Russia is not fulfilling the European Court’s obligations to pay compensation, so the Georgian government should use other mechanisms to obtain compensation for war victims. And this problem can be solved by creating a fund. The Association believes that Georgia should use all the levers at its disposal to put legal issues affecting Georgian citizens on the international agenda, and thus make it possible to ensure compliance with international law for affected populations.
Lawyers emphasize the international legal obligation for Russia to compensate Georgian citizens affected by the August war:
“On April 28, 2023, the European Court ordered the Russian Federation to pay Georgia 130 million euros in the case of the August war. The Strasbourg Court continues to consider individual complaints. As you know, the Russian Federation does not currently cooperate with the Council of Europe; it is excluded from the Council of Europe. Accordingly, based on the statements (of the leadership of the Russian Federation), the declared policy is that the Russian Federation will no longer ensure compliance with the obligations imposed by the European Court, including those relating to non-payment of compensation,” the non-governmental organization notes.
