The Guardian: “The Russia-Georgia war: Why the ICC is launching war crimes probe”

Today the Guardian released an interview with International Criminal Court (ICC) prosecutor Fatou Bensouda, who is investigating possible war crimes committed during the Russia-Georgia war in 2008. 

In her interview with the leading British media outlet, Bensouda spoke about her reasons for investigating the short but violent clash, with the investigation period covering  July 1- October 10, 2008.

The ICC is unable to investigate any cases if the same cases are being pursued through national legal systems. However last year the ICC was informed by the current Georgian Government that proceedings in Georgia had stalled due to the "fragile and volatile security situation in South Ossetia”, therefore there was "no prospect of further progress domestically on the cases related to the 2008 armed conflict”.

This prompted Bensouda, in October 2015, to ask ICC judges to authorize her to carry out an investigation into possible war crimes committed during the clash. Her request was approved in January 2016. 

We will now start collecting evidence from a variety of sources concerning all crimes allegedly committed under the court’s jurisdiction. Identifying suspects will come only at a later stage,” she told the Guardian.

ICC Prosecutor Fatou Bensouda spoke with the Guardian about her investigation of the Russia-Georgia war in 2008. Photo by Reuters. 

If the evidence collected provides reasonable grounds to believe that a person has committed war crimes or crimes against humanity, then we will proceed to the next phase, which would be to apply to the ICC judges for a warrant of arrest or a summons to appear before the court.”

Bensouda said she was cooperating with the current Georgian Government and there were some positive signals of cooperation from de facto South Ossetia as well. 

Bensouda added her investigation mandate concerned individual criminal responsibility. 

It is about bringing a measure of justice to the victims of serious crimes allegedly committed during the 2008 war. It is about holding to account those responsible – irrespective of their status, background or nationality.”

Bensouda stressed her investigation was an independent legal process aimed at uncovering the truth regarding grave crimes allegedly perpetrated during the 2008 conflict.

Read the full article here.