Georgia

Jurisdiction in the general situation

Georgia ratified the Rome Statute on 5 September 2003. The ICC therefore may exercise its jurisdiction over crimes listed in the Rome Statute committed on the territory of Georgia or by its nationals from 1 December 2003 onwards. 

On 27 January 2016, Pre-Trial Chamber I granted the Prosecutor's request to open an investigation proprio motu in the situation in Georgia, in relation to crimes against humanity and war crimes within the jurisdiction of the Court in the context of an international armed conflict between 1 July and 10 October 2008.

Procedural History

The ICC Prosecutor announced the preliminary examination into the Situation in Georgia on 14 August 2008. On the basis of the information available, the Prosecutor concluded that there is a reasonable basis to believe that crimes within the jurisdiction of the Court have been committed in Georgia in the context of the armed conflict of August 2008.

In its preliminary examination, the Office of the Prosecutor "gathered information on alleged crimes attributed to the three parties involved in the armed conflict – the Georgian armed forces, the South Ossetian forces, and the Russian armed forces."

Regarding national proceedings and complementarity, the Prosecutor stated in 2016: "Under the complementarity principle in the Rome Statute, the ICC cannot proceed if national authorities are already undertaking (or have undertaken) genuine domestic proceedings into the same cases. Until recently, the competent national authorities of both Georgia and Russia were engaged in conducting investigations against those who appeared to be most responsible for some of the identified crimes. These investigative measures, despite some attendant challenges and delays, appeared to be progressing. However, in March of last year, relevant national proceedings in Georgia were indefinitely suspended. The Office continues to monitor relevant proceedings in Russia, which, according to the Office's information, are still on-going."

On 8 October 2015, the ICC Presidency assigned the Situation in Georgia to Pre-Trial Chamber I, following a notification by the Prosecutor of her intention to submit a request to a Pre-Trial Chamber for authorisation to open an investigation into the situation in Georgia. 

The Prosecutor submitted the request for authorisation to open an investigation into this Situation on 13 October 2015. 

On 27 January 2016, ICC judges authorised the Prosecutor to commence an investigation into the Situation in Georgia in relation to crimes that fall within the ICC jurisdiction. The investigation covered crimes allegedly committed in and around South Ossetia, Georgia, between 1 July 2008 and 10 October 2008.

In granting the Prosecutor's request to open an investigation, the Chamber noted that the representations by or on behalf of 6,335 victims on this matter, which it received on 4 December 2015, "overwhelmingly speak in favour of the opening of an investigation".

On 10 March 2022, the Prosecutor submitted a request to Pre-Trial Chamber I to issue warrants of arrest in relation to three individuals in the Georgia situation: Mr Mikhail MINDZAEV, Mr Gamlet GUCHMAZOV, and Mr David SANAKOEV. At the time of the charged crimes, the suspects were, respectively, a minister of internal affairs of South Ossetia, the head of a detention facility in South Ossetia, and a government representative for human rights in South Ossetia. The application for these warrants of arrest focused on war crimes. 

The Office of the Prosecutor alleged that the individuals bear criminal responsibility for the unlawful confinement of at least 171 actual or perceived Georgian civilians in August 2008, as well as the mistreatment of many of these persons while in captivity, and their subsequent unlawful transfer out of the territory occupied by Russian forces. This transfer was carried out in a so-called “exchange” for persons held by the Georgian authorities.

On 24 June 2022, the Chamber issued warrants of arrest against Mr Mindzaev, Mr Guchmazov, and Mr Sanakoev, finding reasonable grounds to believe that they committed the war crimes of unlawful confinement, torture and inhuman treatment, outrages upon personal dignity, hostage taking, and the unlawful transfer of civilians. 

On 16 December 2022, ICC Prosecutor Karim A. A. Khan KC announced the conclusion of the investigation phase in the situation in Georgia. The Prosecutor stated that beyond the pending cases, the Office will not pursue new lines of inquiry into the alleged criminal responsibility of other persons or for other conduct within the Situation in Georgia, absent a significant change in circumstances.

The Office of the Prosecutor is focusing its efforts on tracking the suspects who remain at large, ensuring trial readiness, witness protection, and evidence preservation activities. 

Suspects