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Part 3 The Post 9/11-Era (2001–), 54 The Conflict in Georgia—2008

Christine Gray

From: The Use of Force in International Law: A Case-Based Approach

Edited By: Tom Ruys, Olivier Corten, Alexandra Hofer

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 25 May 2024

Self-defence — Armed conflict — UN Charter

This chapter discusses the 2008 conflict between Russia and Georgia. It explains the background of rising tensions between separatists in the regions of South Ossetia and Abkhazia, and the Georgian government; the outbreak of conflict; the Russian intervention; and the extension of the conflict beyond South Ossetia and Abkhazia. It then examines Russia’s claims that it was acting in self-defence in protection of its nationals and of its peacekeeping forces in Georgia, and the reactions of other states to these claims. It also provides a critical account of the Report of the Independent International Fact-finding Mission on the Conflict in Georgia, and its controversial arguments, first, for a wide interpretation of the scope of the prohibition of the use of force in Article 2(4) UN Charter as applicable to non-state entities, and, second, for a wide view of the concept of threat of force.

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