Responsibility for the Russo-Georgian War
Both sides of the 2008 war between Russia and Georgia blamed each other for starting the war.
Russo-Georgian War |
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A number of reports and researchers (among them independent Russian experts) concluded that the conflict started much earlier than the Georgian military operation began on 7 August at 23:35 and Russia was responsible for the war. Some have argued that shelling carried out by South Ossetian separatists in early August was done so to trigger a Georgian military response and therefore Russian military intervention. Some researchers paid attention to the military exercise "Kavkaz 2008", which concluded in early August. During this exercise a written notice entitled "Soldier, know your probable enemy" (the enemy was clarified as Georgia) was circulated among the Russian participants.
While an independent report commissioned by the European Union blamed Georgia for starting the war, concluding that "open hostilities began with a large-scale Georgian military operation against Tskhinvali and the surrounding areas" on 7 August,[1] the report noted that tensions had been rising for years, with provocative acts by both sides. It went on to say that "there is no way to assign overall responsibility for the conflict to one side alone".[2] The report also stated that "there was no ongoing armed attack by Russia before the start of the Georgian operation", that "Georgian claims of a large-scale presence of Russian armed forces in South Ossetia prior to the Georgian offensive could not be substantiated by the mission" and that Georgia's use of force was not justifiable under international law. However, the report found that the Russian military response, while initially legal, violated international law as it pushed into Georgia. While blaming both sides for war crimes, the report concluded that ethnic cleansing was carried out by Russian-backed South Ossetian paramilitaries and rejected Russian claims of genocide against the South Ossetian population.[2]
Combatants' positions
Georgia
Georgia first said that its military offensive responded to Ossetian shelling of Georgian villages, and it intended to "restore constitutional order" in South Ossetia.[3][4] Georgia also said it aimed to counter a Russian invasion.[5][6] During a United Nations Security Council meeting on 8 August, Georgia said that the first Russian troops entered South Ossetia at 05:30 am on 8 August.[7] In a decree ordering the general mobilisation published on 9 August, Saakashvili noted that the Russian troops had advanced through the Roki tunnel on 8 August (after the Georgian attack).[8] The Georgian government continued to maintain its position, saying that around 11:30 pm on 7 August intelligence information was received that 150 Russian army vehicles had entered Georgian territory through the Roki Tunnel. In an interview with Der Spiegel, Saakashvili said that he "wanted to stop the Russian troops before they could reach Georgian villages." "When our tanks moved toward Tskhinvali, the Russians bombed the city. They were the ones – not us – who reduced Tskhinvali to rubble."[9] Georgia released intercepted telephone calls purporting to show that part of a Russian armoured regiment crossed into South Ossetia nearly a full day before Georgia's attack on the capital, Tskhinvali, late on August 7.[10]
Russia
Russia says it acted to defend Russian citizens in South Ossetia, and its own peacekeepers stationed there.[11] The Russian peacekeepers in South Ossetia allegedly suffered casualties during the war.[12] According to a senior Russian official, the first Russian combat unit was ordered to move through the Roki Tunnel at around dawn of 8 August (after the Georgian attack had begun).[10] Defending Russia's decision to launch attack in uncontested Georgia, Russian Foreign Minister Sergey Lavrov has said that Russia had no choice but to target the military infrastructure sustaining the Georgian offensive.[13][14] Initially, Russia went as far as accusing Georgia of committing genocide against Ossetians.[7][15] It was claimed that Georgia codenamed its attack Operation "Clear Field".[16] Russia also claimed that Georgia was planning to launch a two-day Operation "Rock" to retake Abkhazia.[17] Russia codenamed its military action "Operation to Force Georgia to Peace".[18][19]
According to political scientist Svante Cornell, Moscow spent millions in a public-relations campaign to convince the world that Georgia, not Russia, began the war (despite abundant evidence, including some in Russian media, to the contrary).[20]
Three years after the August War, Russian President Dmitry Medvedev admitted NATO would have been expanded to admit ex-Soviet republics if Russia had not invaded Georgia in 2008 to defend a rebel region. "If you ... had faltered back in 2008, the geopolitical situation would be different now," Medvedev said in a speech to soldiers at a Vladikavkaz base.[21][22] In August 2012, Vladimir Putin said that Russia had drawn up a plan to counter a Georgian attack long before the August 2008 conflict in the Caucasus. He said the plan was developed by the Russian General Staff in late 2006-early 2007 and it was negotiated with Putin, who was serving his second presidential term in that period. According to Putin, South Ossetian militia were trained under this plan. However, he refused to reveal if he insisted on the use of force when the war began.[23][24]
South Ossetia
The South Ossetian government in Tskhinvali called for Russian help to prevent "genocide" when the Georgian bombardment began, saying that Tskhinvali was under "the most frightful fire".[25]
Abkhazia
When Abkhazia launched a military operation to gain the Kodori Gorge, President Sergei Bagapsh said: "Maybe in order to achieve our goals we will have to violate certain parts of the Moscow Agreement of May 14, 1994 on a ceasefire but we were not the first to violate them."[26]
Arrival of the Russian army in South Ossetia
Life Goes On (news article)
"Life Goes On" (Russian: «Жизнь продолжается») is an article published in the 3 September 2008 issue of the Russian Ministry of Defence's official newspaper, Krasnaya Zvezda.[10][27] It was also posted on the newspaper's web site. The article was based on the interview of an officer who had taken part in the military operation in South Ossetia in August 2008.[27][28] After the initial publication, it was picked up by blogs and internet news agencies, as it contradicted the official timeline of Russian incursion into South Ossetia.[29][30] However, the article was later corrected.[10][28] Soon, the article was pulled from the newspaper's web site,[27][28] the disappearance having been commented upon by the mainstream media, including The New York Times.[10] The article details the war experience of Russian captain of the 135th regiment named Denis Sidristy.[10] He said that his unit had been ordered to cease a training exercise and move to Tskhinvali on August 7,[10] and he was there when the hostilities broke out.[27] Sidristy said that he witnessed the Georgian attack on Tskhinvali around midnight.[31][32]
Other reports by Russian media
On 4 August 2008, Life.ru reported that after the end of the "Kavkaz 2008" exercises, the paratroopers from Pskov remained to occupy the key positions on the Roki and Mamison passes on the border. Several battalions of 58th Army were moved close to the border. The South Ossetian sources told the newspaper that the deployment of troops began on the night of 2–3 August 2008. Life.ru reported, "The deployment of the Russian military hardware near the Roki tunnel will allow as soon as possible to move troops to help the peacemaking forces."[33]
On 6 August 2008, OsRadio reported that the volunteers were also arriving in Tskhinvali from Moscow.[34]
On 8 August 2008, Nezavisimaya Gazeta published an article by journalist who had spent previous three days in Chechnya. She saw the base of the Battalion "Vostok" in Gudermes somewhere in that time frame. Chechen soldiers were preparing to go to South Ossetia. It was claimed that they were going to support the peacekeeping mission. At 3:30 AM they began departing with military official reminding them not to forget their passports and military IDs. However, the article does not mention that there was any war in South Ossetia.[35]
On 12 August 2008, Komsomolskaya Pravda reported that in South Ossetia several soldiers were wounded and one was killed, who were from Tatarstan. Five days before he was killed in South Ossetia, Evgeny Parfenov warned his parents not to call him because it would be hard to reach him by phone. Lieutenant Aleksandr Popov was participating in the exercises on the height near Tskhinvali when his group was requested by the intelligence to reinforce them. According to Popov's mother, Popov told her he could see how the Georgians fired on Tskhinvali one week before the war. The mother of Eldar Lotfullin, 23-year-old contract soldier, said that she was able to call her son for the last time at around 10 PM MSK on 7 August 2008. Eldar Lotfullin told journalist that the Georgian tanks fired on his barracks on 8 August.[36][37] On 13 August, Izvestia reported that the unit (where Popov served) was participating in the exercises in the mountains of South Ossetia.[38]
On 12 August 2008, Moskovskij Komsomolets reported that one Russian regular army officer had said on 9 August that he was preparing for the exercises in South Ossetia, but understood only at the last minute that he was going to war.[39]
On 12 August 2008, APN reported that the residents of North Ossetia–Alania were able to see the movement of a large number of troops towards the Roki Tunnel beginning 6 PM on 7 August, however they couldn't believe that Russia was involved in the war until the morning of 8 August.[40]
In August 2008, Life.ru reported that "22-year old contract soldier died on the first day of the bloody aggression in the Georgian-South Ossetian conflict zone, when a barrage of fire hit the peaceful town." The soldier's mother said that his son called her on 7 August, but she did not know that he was in South Ossetia until his death.[41]
On 15 August 2008, Permskie Novosti reported that a Russian soldier had called home on 10 August and told his mother: "We are there [in South Ossetia] since 7 August. All of our 58th army."[42]
On 15 August 2008, Vyatksky krai reported that the sister of soldier Vitaly (who was fighting in South Ossetia) said that her brother called on 6 August and he was going to move [to unknown location]; later, on 7 August Vitaly told his sister that "we are going to the mountains."[43][44]
On 15 August 2008, Komsomolskaya Pravda reported that 19-year-old Onar Aliev from the 19th Motor Rifle Division died in South Ossetia on the night of 8 August during the shelling of Tskhinvali. His mother said her son called for the last time on 4 August and told her that he would participate in the "true exercises" somewhere near Abkhazia.[45]
On 15 August 2008, Trud made a report about junior sergeant Aleksandr Sviridov who was killed in South Ossetia. He called his mother on 2 August and said: "There won't be any holiday. There are intensified preparations; we frequently have parachute jumps. Apparently, we will be deployed to somewhere."[46]
On 17 August 2008, Komsomolskaya Pravda reported that Aleksandr Plotnikov, the soldier from 693rd Regiment, said that he knew in early August that there would be war when two companies of his regiment were sent to the mountains near Tskhinvali.[47]
In August 2008, Life.ru reported that 29-year Aleksey Tarasov, who was killed in action in South Ossetia, was buried in his village. His military friend was quoted as saying that their unit was allegedly deployed to South Ossetia for the exercises, but suddenly the war broke out.[48]
On 26 August 2008, Drug dlya druga reported that one soldier's mother couldn't call her son for three days before 8 August because his phone was blocked (i.e. unreachable). At 3 AM on 8 August her son was sent to Tskhinvali, where he was wounded.[49]
On 27 August 2008, Vecherny Saransk reported that Yunir Bikkinyaev, contract soldier of 135th Regiment, stopped to answer the phone calls on 7 August and his parents were worried. He later acknowledged he did so not to frighten his family.[50]
On 28 August 2008, Gazeta Yuga published a report about Zalim Gegraev, a wounded soldier from 1st company of the peacemaking battalion, who fought in South Ossetia. Gegraev's mother said that her son had told her that he was going to Tskhinvali before the war started. She also said that he had been to South Ossetia previously and when he was there, his phone did not work. Then Zalim spoke to journalist: "We had been there to participate in military exercises for a month in those areas before this. They ended, however we were not withdrawn. Then the order came to move to Tskhinvali. On 8 August we were near the town and waited for further instructions. I didn't even think that I could see such thing..."[51]
On 1 September 2008, journalist of Nezavisimaya Gazeta wrote: "As early as 6 August I saw our army in full combat readiness near the Georgian border."[52]
On 2 September 2008, it was reported that several soldiers' mothers had sent letter to Commissioner for Human Rights in Perm Krai. One mother wrote that on 3 August his son said his unit might be deployed to the border. Another mother said that his son told her on 9 August that his unit was sent to South Ossetia on the evening of 7 August.[53]
On 11 September 2008, Yulia Latynina wrote that journalists who were sent in advance to cover the war reported on 6 August 2008 that they have seen "58th Army in full combat readiness on the other [Georgian] side of the Roki tunnel".[54]
On 15 September 2008, Novaya Gazeta reported that the South Ossetian soldier had told journalist that after the end of "Kavkaz 2008" exercises 80 tanks remained in South Ossetia.[55]
On 15 September 2008, RIA Novosti reported that Russian foreign minister Sergey Lavrov said: "There were excesses by all parties, but this was a war, and when you see on night, that you are being fired upon and you're on the move, while you're advancing to help Tskhinvali, then your response can not be precisely accurate and cannot avoid hurting anyone."[56][57]
On 21 September 2008, Rossiya-1 TV reported that the wife of Lieutenant Sergey Shevelev, intelligence officer of the peacemaking battalion who died in South Ossetia, said that her husband called her every day and they talked casually. However, on 1 August he sent her text message saying "Everything is normal ... Watch TV. That's all."[58]
In October 2008, Duel reported that soldier Maksim Pasko, who died near Gori on 12 August, sent several SMSes. One SMS was sent on 3 August 2008 and said: "Don't worry too much, the Georgian mercenaries are battering Tskhinvali. We were given orders to go there." Another SMS, sent on 5 August 2008, said: "Yesterday, our artillerists were messing with Georgia. 22 were killed and 150 injured."[59]
In January 2009, Krasnaya Zvezda published an interview with the priest, Father Mikhail, who said: "I attended military exercise "Kavkaz-2008" in South Ossetia, where our paratroopers worked out the skills of combat in the mountains. Unfortunately, those skills became useful too soon..."[60]
In May 2009, Rossiyskaya Gazeta reported that hero of Russia Denis Vetchinov, who died in South Ossetia, left the base of the Motor Rifle Division in Vladikavkaz for Tskhinvali on the early morning of 7 August 2008.[61]
In June 2009, Russian General Vyacheslav Borisov told Echo of Moscow in an interview: "You know, we even regularly hold exercises in those areas. And our troops had full practice by holding exercises one week before right there in the same place. And we had only concluded and went. Therefore, marching toward Tskhinvali, we performed much better than those units under central command and the units of the district that were dusted off, did you know?"[62]
In July 2009, Russian journalist Ella Polyakova wrote that some Russian soldiers had told her that they arrived in South Ossetia on 4 August 2008, while their records claimed that they were stationed in North Ossetia.[63]
In July 2009, Russian blogger published an interview with soldier Maksim Belyaev, who said: "Our combined battalion of peacekeepers was stationed in North Ossetia. We should have replaced in August another battalion of the peacekeeping mission, located in Tskhinvali. We went to South Ossetia on the night of August 7. Around noon of 7 August, the column was near Tskhinvali on the bypass road."[64]
In January 2010, Russian military portal Zaotechestvo.ru published the recollections of several Russian soldiers. Aleksandr Slanov, the head of the North Ossetian regional branch of "Union of Paratroopers", the NGO of veterans of the Airborne Forces and Special Forces, said: "In the night of 4–5 August, I and five other paratroopers left for Tskhinvali. We arrived at 5 AM." Tanker Vladimir said: "We arrived in Khetagurovo in the morning of 7 August. Our task was to destroy the Georgian fortified district, that was located on the height near Khetagurovo."[65]
In 2012, Anatoly Khrulyov, the commander of the 58th Army, said in an interview that "For me, the war began in my workplace." He said that the decision to reinforce the Russian peacekeeping force was made on 5 August 2008. Khrulyov said that Marat Kulakhmetov, commander of the Combined Peacekeeping Forces called him on the night of 7–8 August and said that General Mamuka Kurashvili had warned him that Georgia was going to launch a large-scale military operation.[66]
Reports by the Western media
On 18 August 2008, Le Figaro published the report by journalist who was told by a young Russian soldier at some checkpoint in Georgia that he came from Shali, Chechen Republic and that they left on 5 August 2008.[67]
Georgian military interviews
Georgian soldiers told EurasiaNet that they thought their initial mission in South Ossetia was to stop attacks on Georgian villages. One senior lieutenant from 4th Brigade said: "Our goal was to put an end to fighting in the area and take control. Nobody in the army expected a war with Russia." One unnamed Georgian defense ministry source said: "The main thing is that the scope of the threat was underestimated, while our own combat capabilities were overestimated." Georgian military sources said that an attack had earlier been expected from Abkhazia, but not from South Ossetia. The 4th Brigade senior lieutenant said that they "were preparing for something in May when Georgia was denied NATO membership [a Membership Action Plan]," but there "were no preparations made" for a military operation in South Ossetia in August. "Many were on vacation and we were preparing to go Iraq in the fall."[68]
On 7 August 2008, the 4th brigade loaded tanks and missile launchers on a train bound for the Georgian city of Gori. On the night of 7–8 August, the 4th Brigade launched a three-pronged offensive on South Ossetian positions in Tskhinvali and in two Ossetian villages - Znauri and Khetagurovo. One of the assaults intended to divert South Ossetian militia forces away from the main objective. After Tskhinvali was nearly encircled, Georgian troops then tried to establish control over a key road to the north, one mid-ranking commander said. The road was being defended by South Ossetian garrison near the village of Tbeti. As Georgian soldiers were engaged with the South Ossetian garrison, the first Russian tanks appeared, the commander said. "We destroyed one tank after another, but they kept coming," the anonymous commander said.[68]
Phone intercepts
In September 2008, Georgia released recordings of intercepted phone calls to prove that the Russian military moved into South Ossetia before the Georgian military operation began. The New York Times made its own translation from the original Ossetian language into Russian and then into English. Senior American officials reviewed the recordings and considered them as credible. The calls were made by Ossetian border guards on a Georgian cellular network. According to a call intercepted at 3:52 AM on 7 August, a supervisor at the South Ossetian border guard headquarters asked a guard at the tunnel with the surname Gassiev: "Listen, has the armor arrived or what?" The guard replied: "The armor and people." Asked if they had gone through, he replied, "Yes, 20 minutes ago; when I called you, they had already arrived."[10][69]
At 3:41 AM, Gassiev told the supervisor in the first call that a Russian colonel had asked to inspect military vehicles that "crowded" the tunnel. Gassiev said: "The commander, a colonel, approached and said, ‘The guys with you should check the vehicles.’ Is that O.K.?" Asked about the identity of the colonel, Gassiev answered: "I don’t know. Their superior, the one in charge there. The B.M.P.’s and other vehicles were sent here and they’ve crowded there. The guys are also standing around. And he said that we should inspect the vehicles. I don’t know. And he went out." Gassiev informed the supervisor at 3:52 AM that armored vehicles had left the tunnel. They were commanded by a colonel Kazachenko.[10]
Russia did not dispute veracity of the calls. According to Russian press reports after the war, Colonel Andrei Kazachenko who was mentioned in the recording, served in the 135th Motorized Rifle Regiment.[10]
Russian Defense Ministry spokesman General Uvarov claimed that on 7 August Russian peacekeeping contingent in South Ossetia was supplied with fuel and products. Georgia disputed this Russian explanation, arguing that rotations of the Russian peacekeeping battalion could be conducted only in daylight and after not less than a month of advance notification according to a mutual agreement in 2004.[10]
OSCE monitors
A former senior Organization for Security and Co-operation in Europe (OSCE) official, Ryan Grist, who was in charge of unarmed monitors in South Ossetia at war's start,[70] told the BBC in November 2008 that he had been warning of Georgia's military activity before its move into the South Ossetia region, saying there was a "severe escalation" and that this "would give the Russian Federation any excuse it needed in terms of trying to support its own troops."[71]
According to Grist, it was Georgia that launched the first military strikes against Tskhinvali. "It was clear to me that the [Georgian] attack was completely indiscriminate and disproportionate to any, if indeed there had been any, provocation,” he said. “The attack was clearly, in my mind, an indiscriminate attack on the town, as a town.”[72] Grist's views were echoed by Stephen Young, who was another senior OSCE official in Georgia at the time. According to him, there had been no extensive shelling of the Georgian villages on the evening or night of August 7. Young added, that if there had been shelling of Georgian villages that evening, the OSCE monitors at the scene would have heard it. According to him, the monitors only heard occasional small arms fire.[5][72]
Georgia, and some Western diplomats in Tbilisi later questioned Grist's objectivity.[70][73] The OSCE curbed the attempts by The New York Times to interview the monitors, saying they would not be publicly engaged in disagreement.[5] Terhi Hakala, head of the OSCE mission to Georgia, called the monitors' claims "a bit irrelevant."[70] OSCE Deputy Spokeswoman Virginie Coulloudon told the journalists that the organization's monitors make "patrol reports" from the ground "on a daily basis." Coulloudon also said that "the OSCE is not in a capacity to say who started the war and what happened before the night of [August] 7-8."[74] Journalists documented dozens of eyewitnesses' accounts that confirmed the reports that Pro-Moscow separatist forces had been shelling the Georgian villages before August 7. The eyewitness accounts are also consistent with a report issued on 5 August 2008, by a tripartite monitoring group, which included Organization for Security and Cooperation in Europe (OSCE) observers and representatives of Russian peacekeepers in the region. The report, signed by the commander of Russian peacekeepers, General Marat Kulakhmetov, said there was evidence of attacks against ethnic Georgian villages in South Ossetia. The report also stated that South Ossetian separatists were using heavy weapons against the Georgian villages, which was prohibited by a 1992 cease-fire agreement.[74]
The Wall Street Journal (WSJ) wrote that in an interview Grist acknowledged he crossed through Russian lines without authorization on his own initiative to determine the facts, which ultimately cost him his OSCE job. He was forced to resign from the OSCE immediately after the war. WSJ adds Grist remains "scathing" about Georgian actions before and during the war, but says that some of his comments have been overinterpreted and quotes Grist saying "I have never said there was no provocation by the South Ossetians." "What I have said is that the response from the Georgian authorities was absolutely disproportionate," said Ryan Grist.[70]
In an interview with The Wall Street Journal, Ryan Grist said that on 12 August he went to visit a friend in Tskhinvali, Lira Tskhovrebova, who was well connected with the separatist authorities. Friends took him to see two top South Ossetian officials. On the road to Tbilisi Grist was stopped by South Ossetian militia. He shouted the names of the officials he had just been meeting "so they wouldn't shoot" him.[70] In December 2008, an investigation by the Associated Press revealed that Lira Tskhovrebova was not an independent activist as she claimed. She was allegedly connected to South Ossetian KGB and Russian intelligence agency, the FSB. Matthew Bryza, Deputy Assistant Secretary of State of the United States, also expressed his doubts about Tskhovrebova.[75][76]
Georgian Parliamentary Commission Report
A Georgian parliamentary commission, which studied the war, released a report on 18 December 2008.[77][78]
The report said in its beginning that Russia’s aggression against Georgia did not start in August 2008 and recalled the events in Abkhazia and South Ossetia in early 90s. The report then gave a detailed timeline of events preceding the war. It also said that the Georgian authorities' failure "to de-legitimize the presence of Russian peacekeepers can be considered the major shortcoming of the Georgian authorities in a pre-August period." The Russian peacekeepers were full-pledge participants of the aggression against Georgia, according to the commission. "On the one hand, Russia used ‘attack’ on ‘peacekeepers’ as one of the pretexts for launching the aggression and on the other hand, [attacks] were carried out on the Georgian citizens from their [peacekeepers’] headquarters [which was based on Tskhinvali]."[77]
The report said that despite having information on tensions in the South Ossetian conflict zone, the Georgian authorities failed "to properly analyze" the scales of the threat. "The Georgian authorities perceived large-scale Russian military exercises at the Georgian borders in late July and continuing attacks in the conflict zone as a traditional wave of provocations." The report also criticized the National Security Council (NSC), "It is obvious that the Security Council has failed to plan the actions in a timely manner, which would have been adequate to the anticipated situation and consequently, from the morning of August 7 it had to act in force majeure regime." The commission said that the government members’ actions during the war sometimes lacked coordination. The report said that the government did not stick to the formal procedures laid out in the special decree envisaging setting up of a governmental commission during the emergency situations. The commission also criticized the Georgian Foreign Ministry, saying that "there is no special action plan and written instructions for ambassadors on how to act in the emergency situations; the activities of ambassadors are not controlled properly either."[77]
The report also says that "serious shortcomings" were revealed in the defense system. The commission said that "problems persisted in the communication system." It also said that the war revealed "inadequacy" of the reserve troops system. "The Defense Ministry has failed to carry out strategic planning properly," the report continued.[77]
The commission called on the General Prosecutor’s Office to investigate all the cases of violation of international humanitarian law regardless of who has committed them on either side.[77]
EU Independent Fact Finding Mission Report
An independent, international fact-finding mission headed by Swiss diplomat Heidi Tagliavini was established by the EU to determine the causes of the war. The commission was given a budget of €1.6 million and relied on the expertise of military officials, political scientists, historians and international law experts.[79][80] The report was published on 30 September 2009.[81][82][83] The report said it could not claim "veracity or completeness in an absolute sense", since it incorporated what had been available to the Mission at the time of writing.[84]
The report blamed Georgia for starting the war,[85][1] stating that open hostilities started "... with a large-scale Georgian military operation against the town of Tskhinvali and the surrounding areas, launched in the night of 7 to 8 August 2008" although it noted that "... any explanation of the origins of the conflict cannot focus solely on the artillery attack on Tskhinvali in the night of 7/8 August" since "... it was only the culminating point of a long period of increasing tensions, provocations and incidents", and there was "... no way to assign overall responsibility for the conflict to one side alone."[86][87][88][89] The beginning of the armed conflict between Georgia and South Ossetia was dated by the commission to 7 August 2008 at 23.35;[90] however, the commission acknowledged that "a violent conflict had already been going on before in South Ossetia," and "President Saakashvili’s order on 7 August 2008 at 23.35 and the ensuing military attack on Tskhinvali [...] has to be seen as but one element in an on-going chain of events for military violence had also been reported before the outbreak of the open hostilities on 7 August 2008."[90][91] The open hostilities between Georgia and Russia are considered to have begun on 8 August 2008.[90] The report acknowledged that "volunteers or mercenaries" entered Georgia from Russia before the Georgian military operation and there was the presence of "some" non-peacekeeping Russian troops in South Ossetia before the public decision for an intervention was made by the Russian leadership.[92]
The report stated that stated that "there was no ongoing armed attack by Russia before the start of the Georgian operation. Georgian claims of a large-scale presence of Russian armed forces in South Ossetia prior to the Georgian offensive could not be substantiated by the mission. It could also not be verified that Russia was on the verge of such a major attack." [1]
The commission said that a government "is generally not prevented" from using armed force in internal conflicts, e.g. against insurgents starting a civil war or against violent secessionists.[93] However, the report said that Georgia had a non-use of force commitment under the legally binding international documents, such as the 1992 Sochi Agreement and 1996 Memorandum on Measures to Provide Security and Strengthen Mutual Trust between the Sides in the Georgian-South Ossetian Conflict.[94]
The commission said that the South Ossetian attacks on Georgian villages (Zemo Nikozi, Kvemo Nikozi, Avnevi, Nuli, Ergneti, Eredvi and Zemo Prisi) were equivalent to an "attack by the armed forces of a State on the territory of another State" resembling the situations described in Art. 3(a) of UN Resolution 3314.[95] As the South Ossetian attacks were "primarily" directed against Georgian peacekeepers and against Georgian police, this was an attack by the South Ossetian armed forces on the land forces of Georgia.[96] The commission also said "To the extent that South Ossetian militia initiated the shooting on Georgian villages, police and peacekeepers before the outbreak of the armed conflict," South Ossetia violated the prohibition of the use of force.[97] It also noted that Georgian attack on 7 August was a response, albeit not proportionate, to South Ossetian attacks in the following paragraphs:
"To the extent that the attacks on Georgian villages, police and peacekeepers were conducted by South Ossetian militia, self-defence in the form of on-the-spot reactions by Georgian troops was necessary and proportionate and thus justified under international law. On the other hand, the offensive that started on 7 August, even if it were deemed necessary, was not proportionate to the only permissible aim, the defence against the on-going attacks from South Ossetia."[98]
As far as legality of use of force by Russia was concerned, the report took a "differentiated" approach, dividing "the Russian reaction to the Georgian attack" into two phases – the one, which was the immediate reaction "in order to defend Russian peacekeepers" in Tskhinvali and the second one, "the invasion of Georgia by Russian armed forces reaching far beyond the administrative boundary of South Ossetia",[99] which was "beyond the reasonable limits of defence".[100]
The commission stated that an attack by Georgian forces on Russian peacekeepers deployed in Georgia – "if not in self-defence against a Russian attack", would not be justified.[101] However, the commission concluded that an attack on Russian peacekeepers was not a sufficient condition to be used for self-defence by Russia and "the fact of the Georgian attack on the Russian peacekeepers’ basis could not be definitely confirmed by the mission."[102] The commission said that Russian peacekeepers, if they "had been directly attacked", had the right to immediate, necessary and proportionate response.[103] However, "doubts remain whether the Russian peacekeepers were attacked in the first place,"[103] and the mission could not establish whether, at the time of the alleged attacks on Russian peacekeepers’ bases, the peacekeepers had lost their protection due to their participation in the hostilities.[104] The commission concluded that the expulsion of the Georgian forces from South Ossetia, and the defence of South Ossetia as a whole was not a legitimate objective,[105] and according to international law, the Russian actions as a whole, were not neither "necessary nor proportionate" to protect Russian peacekeepers in South Ossetia.[106] The commission concluded that Russia did not have the right to justify its actions as "a mere reinforcement and fulfilment" of its peacekeeping mission.[107]
The commission concluded that the South Ossetian separatists could not validly invite Russia to support them militarily.[108] It also concluded that "Russian military activities against the Georgian military forces were not justified as collective self-defence under international law."[109] The commission also concluded that Russian military actions also could not be justified as a humanitarian intervention.[110]
The report further stated that Russian citizenship, conferred to the vast part of Abkhaz and Ossetians can not be considered legally binding under international law. The purportedly naturalised Abkhazs and South Ossetians are not Russian nationals according to international law.[111] The commission said that the constitutional obligation to protect Russian nationals could not serve as a justification for intervention under international law. Russian domestic law could not be invoked as a justification for a breach of an international law.[112] The commission concluded that Russian intervention in Georgia was not justified as a rescue operation for Russian citizens in Georgia.[113]
With respect to the war's second theater, the report found the joint Abkhaz-Russian attack on the Kodori Gorge was unjustified under international law and was an illegal use of force.[114] Russian support of Abkhazia was not justified as collective self-defence in favour of Abkhazia, because third-party involvement in an internal military conflict in support of the seceding party is not allowed.[115] The commission concluded: "The use of force by Abkhazia was not justified under international law and was thus illegal. The same applies to the Russian support for Abkhaz use of force."[116] General Russian involvement in the conflict in Georgia was a violation of the fundamental international legal prohibition of the use of force.[117]
The report found that Russian and South Ossetian allegations of genocide committed by the Georgian side were "neither founded in law nor substantiated by factual evidence."[118] The report found that during the conflict "all sides to the conflict - Georgian forces, Russian forces and South Ossetian forces - committed violations of International Humanitarian Law and Human Rights Law."[119] The report also found facts of ethnic cleansing of Georgians, saying that "several elements suggest the conclusion that ethnic cleansing was indeed practised against ethnic Georgians in South Ossetia both during and after the August 2008 conflict."[120] The commission said that in many cases Russian forces did not act to prevent or stop South Ossetian forces from committing acts of deliberate violence against civilians during the conflict and after the cease-fire.[121]
The report also concluded that South Ossetia and Abkhazia did not have a right to secede from Georgia (which they did in the early 1990s), because according to the uti possidetis principle, only constituent republics such as Georgia, but not territorial sub-units such as South Ossetia or Abkhazia had the right to independence during the breakup of the Soviet Union. Their recognition was "consequently" contrary to international law.[122]
Reception
In February 2009, a high-ranking Georgian official suspected that one German expert, that submitted a research paper to Tagliavini, worked for organizations financed by Russian energy company Gazprom.[123][124]
In September 2009, before the report was published, former Estonian Prime Minister Mart Laar said in an interview: "[They seem to be] looking at things from a very, we can say, interesting point of view, forgetting history, forgetting context, and forgetting one simple point: that during the war, no Georgian soldier, no plane, no other military equipment left the legal, internationally recognized territory of Georgia. It was Georgian territory, and no Georgian soldier [left] the borders of Georgia."[125]
Before the report was published, a spokesman for Russia’s Foreign Ministry, Igor Lyakin-Frolov, said the Russian side had been "absolutely fair and honest" with Tagliavini's commission and felt optimistic about the report's objectivity. He said Russia was hoping that the commission would allocate blame to the countries that helped arm Georgia, in particular Ukraine. He added that Russia would consider it "unfair" if the investigation divided blame for the war equally.[126]
EU countries declared in a statement the report was not about apportioning blame, but they stated it could "contribute toward a better understanding of the origins and the course of last year's conflict".[83]
Georgian state minister for reintegration told the BBC that, although most of the facts in the report were accurate, he disagreed with some parts of it. "I disagree with the notion that Georgia used excessive force in the attack on Tskhinvali because, as I mentioned, there are ample evidences of Russian deployment and these were not just peacekeepers, so one can hardly judge what is proportionate," said Temur Iakobashvili. "One can hardly judge what is proportionate or disproportionate in this case."[127]
Svante E. Cornell argued that although Tagliavini’s report did claim that Georgia started the war, that should not be confused with the question of responsibility. He also criticised the argument that Georgia was legally bound by agreements not to use force, because the mission failed to discuss their validity if broken by either the South Ossetians or by Russia. Cornell also criticised the report for not taking account of the considerable evidence accumulated by scholars such as Andrey Illarionov.[128]
In 2010, Yulia Latynina, Russian journalist, criticised the Tagliavini report, saying: "A war, it turns out, is begun by he [sic] who responds to the actions of an aggressor [...]. So when Ossetian 'volunteers' burn Georgian villages - that is not a war. But if they [the Georgians] respond to this, then here you, accursed ones, have started a war. Following the logic of the Tagliavini commission, the Georgians ought not to have responded. Even if Russian tanks had reached Tbilisi, and the Georgians had responded, they, the swine, would have started a war. The logic is irreproachable: if the Georgians had not responded, there would have been no war." Latynina argued that according to the Tagliavini mission "Georgia had no right to send a single shell into the city [of Tskhinvali]. But the opposite side had a right to burn down Nuli, and that was not an infringement of human rights." Latynina concluded that the commission showed a "cowardice" before "an international hooligan" Vladimir Putin.[129][130]
John B. Dunlop concluded that the EU report would have come to different conclusions (who and when began the war) if it had taken into consideration Andrey Illarionov's findings and documented timeline.[131]
The role of Russian peacekeepers
On 12 August 2008, Life.ru reported that several Russian peacekeepers were buried in Vladikavkaz. Among them was 32-year-old lieutenant colonel Oleg Golovanov, native of Tskhinvali, who fought against the Georgian army for several hours.[132] MK published an article where one senior officer of the mortar battery is documented as saying that Oleg Golovanov was the commander of an artillery reconnaissance platoon and was sitting on the roof of the peacekeepers' base and corrected fire. Golovanov was wounded. He died on Friday (8 August 2008). According to MK, Oleg Golovanov was buried in Tskhinvali on 11 August 2008.[133] REGNUM News Agency published the list of killed Russian peacekeepers on 12 August 2008, where lieutenant colonel Oleg Golovanov is included.[134] In the August 2008 issue of Spetsnaz Rossii Oleg Golovanov was described as lieutenant colonel who commanded one group of Russian peacekeepers resisting the Georgian advance. This group fought against the Georgian army for several hours.[135] In November 2008 OsRadio reported that on 7 August Lieutenant Oleg Galavanov was following orders to detect the targets and adjust artillery fire. Galavanov was adjusting fire aimed at advancing Georgian army during the night until the Georgians located his position and he was wounded. He was awarded the title of Hero of the Russian Federation.[136][nb 1][nb 2][nb 3] In February 2009, Galavanov's mother said in an interview that her 32-year old son worked in the intelligence service in the South Ossetian Ministry of Defense and had the rank of lieutenant.[140] In March 2009, Komsomolskaya Pravda reported that on the morning of 8 August 2008, at around 6:00 AM tank shell hit the observer post and wounded lieutenant Oleg Galavanov. Galavanov had returned from Russia to Tskhinvali in 2007 and worked in the Ministry of Defense and Emergency Situations of South Ossetia. He served as artillery spotter.[141] In August 2009, South Ossetian news agency RES reported that 32-year old Oleg Galavanov had been promoted to the rank of lieutenant in 2007.[142]
In October 2008, Konstantin Timerman, the commander of the Russian peacekeeping battalion said in an interview with Izvestia that on the morning of 8 August the Russians opened fire in response only after the Georgians had opened fire on the observer post in the southern part of Tskhinvali.[143]
In 2009, the Russian side told the Tagliavini commission that the Russian peacekeepers suffered the first casualties at 6:35 AM on 8 August, when the Georgian tank was firing on the observer post on the roof of the peacekeepers' base. As a result one soldier of the battalion died, another one was wounded and the part of the building was destroyed. By 12:00 PM two peacekeepers had died and five were wounded.[144][145] Georgia said that it only targeted Russian peacekeepers in self-defence, after coming under fire from them.[146]
WikiLeaks
After the disclosure of alleged US diplomatic cables by WikiLeaks, the dispatches sent during the initial stage of the war from Tbilisi were published. Former US Ambassador to Georgia John F. Tefft alleged that the Georgians did not intend to start the conflict, but rather were dragged into the war. The diplomat’s cables were initially published by Russian Reporter magazine, a Moscow-based weekly.[147]
“From evidence available to us it appears the South Ossetians started today’s fighting,” reads an alleged August 8 dispatch from Tefft. “The Georgians are now reacting by calling up more forces and assessing their next move. It is unclear to the Georgians, and to us, what the Russian angle is and whether they are supporting South Ossetians, or actively trying to help control the situation.”[147][148] He reportedly wrote on August 8 that “As late as 22:30 Georgian Ministry of Defense and Ministry of Foreign Affairs officials were still hopeful that the unilateral cease-fire announced by President Saakashvili will hold. Only when the South Ossetians opened up with artillery on Georgian villages, did the offensive to take Tskhinvali begin.” “All evidence available to the country team supports [Georgian President Mikheil] Saakashvili’s statement that this fight was not Georgia’s original intention,” reads the cable. “Key Georgian officials, who would have had responsibility for an attack on South Ossetia have been on leave, and the Georgians only began mobilizing August 7 once the attack was well underway.”[147][149]
The cables also describe the chronology of events.[149] On 7 August, when the fighting escalated, Deputy Foreign Minister Grigol Vashadze told the US Ambassador that "heavy Russian equipment was being moved south from Java - a military base north of the conflict zone , which Georgians have not seen -- even in tense times -- in the past."[148] When General Kulakhmetov, the Head of the Russian peacekeepers in Tskhinvali, met with Temur Iakobashvili, Kulakhmetov said that he "does not control anything" and that the South Ossetians were "shooting at the Georgians behind my back."[149]
EurasiaNet.org contacted the US Embassy in Kiev, where Tefft then served, in an attempt to confirm the veracity of the cables. But the embassy declined to comment. Several Russian commentators have interpreted the same cables differently, saying that this proved that the Georgians started the war.[147]
Statements by Commanders-in-chief
Statements by politicians
Statements by Russian analysts
External observers frequently miss the point that Russia’s stake in the conflict over the unrecognized republics is much higher that [sic] that of Georgia’s entry into NATO or the destabilization of energy transit routes that bypass Russia. Russia simply could not afford to lose: in view of the harsh nature of the conflict in Abkhazia and Georgia in the early 1990s, Georgia’s seizure of these territories would mean ethnic cleansing, and the flight to Russian territory of many tens of thousands of embittered and armed refugees. The loyalty of the North Caucasus republics of North Ossetia and Adygeya, tied by blood relation to South Ossetia and Abkhazia, would be undermined. North Ossetia, moreover, is the largest and most loyal autonomous republic in the region. Russia would have been shown to be weak before the entire North Caucasus, and this would have marked a return to the situation of the 1990s. The reaction of the international community to Russia’s war with Georgia, no matter how harsh, could not compare in significance to the implications of a new war in the North Caucasus. Georgia’s attempt to export the ethnic conflict that it created in the early 1990s to Russian territory had to be intercepted at any cost.[216]
— Moscow Defence Brief
Statements by international analysts
Notes
- According to EU Report, the Georgian forces moved into Tskhinvali on 8 August.[137]
- According to CAST, the Georgian forces reached Tskhinvali at around 6 AM on 8 August. After the Georgian forces approached the peacekeepers' base, an exchange of fire broke out which slowed the Georgian advance. At around 6:30 AM the first Russian casualties were sustained.[138]
- According to Mikhail Barabanov, on 8 August Georgian infantry and tanks had entered Tskhinvali by 8 AM and engaged in a fierce battle with Ossetian forces and the Russian peacekeepers.[139]
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External links
- (in Russian) Войну с Грузией подготовила Россия, и сама же ее начала English translation
- (in Russian) Andrey Illarionov's timeline of the Russo-Georgian War
- Kavkaz-2008 leaflet ("Soldier, know your probable enemy"), The Guns of August 2008: Russia's War in Georgia, p. xi - xii
- (in Russian) How the Russian peacekeepers participated in the aggression against Georgia
- Caucasus Analytical Digest No. 10
- MAIN FINDINGS OF THE “TAGLIAVINI REPORT”
- (in Russian) Review of "A Lost Day"