THE RESPECT FOR FUNDAMENTAL HUMAN RIGHTS DURING AND AFTER THE RUSSIAN-GEORGIAN WAR
DOI:
https://doi.org/10.53477/2284-9378-22-94Keywords:
armed conflict; ;, humanitarian law;., ECHR, ; rights;, civilians, : joint;Abstract
The normative and practical value of protecting civilians during armed conflicts and respecting the exercise of human rights and fundamental freedoms even in international armed conflicts is an undeniable one. Changing the forms and means used in armed struggles leads to violations of the provisions of international humanitarian law. The case-law of the European Court of Human Rights in the case of Georgia v. Russia has made a connection between the fundamental rights included in the Convention for the Protection of Human Rights and Fundamental Freedoms and the rights protected by the laws of armed conflicts, a decision of particular importance in the current security context in South-Eastern Europe
References
CEDO. 2021. Case of Georgia v. Russia (II). Aplicația 38263/08, pronunțată la data de 21.01.2021.
https://hudoc.echr.coe.int/fre#{%22itemid%22:[%22001-207757%22]}.
Chifu, Iulian, Monica Oproiu, and Narciz Bălășoiu. 2010. The Russia-Georgia War. The reactions of
decision-makers during the crisis. Bucharest: Curtea Veche Publishing house.
Council of the EU. 2009. “Independent International Fact-Finding Mission on the Conflict in Georgia.”
Report. https://www.mpil.de/en/pub/publications/archive/independent_international_fact.cfm.
Dzehtsiarou, Konstantin. 2021. “Georgia v. Russia (II).” (American Journal of International Law) 115
(2): 288-294. https://livrepository.liverpool.ac.uk/3120615/1/georgia-v-russia-ii.pdf.
Bulletin of ”Carol I” National Defence University
December 2022
Legislativ Portal. n.d. Additional Protocol No. 1 to the Geneva Conventions of 12 august 1949 on the
Protection of Victims of International Armed Conflict 1977.
OHCHR. 2022. New report by UN Human Rights shows the shocking toll of the war in Ukraine.
ONU. 2022. War crimes have been committed in Ukraine conflict, top UN human rights inquiry reveals.
https://news.un.org/en/story/2022/09/1127691.
OSCE. 2008. Ethnic Cleansing of Georgians Resulted from Russian Invasion and Occupation since
August 8, 2008. Ministry of Justice. https://www.osce.org/files/f/documents/6/b/34091.pdf.
Romanian Association of Humanitarian Law. n.d. Convention of the Laws and Customs of Land War,
Haga, 18 october 1907.
Romanian Red Cross. n.d. Convention for the amelioration of the condition of the wounded and sick in
Armed Forces in the Field, Geneva, 12 august 1949.
—. n.d. Convention for the amelioration of the condition of wounded, sick and shipwrecked members of
Armed Forces at Sea, Geneva, 12 august 1949.
—. n.d. Convention relative to the protection of civilian persons in times of war, Geneva, 12 august 1949.
—. n.d. Convention relative to the treatment of prisoners of war, Geneva, 12 august 1949
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