McGill law professor Payam Akhavan is set to represent the Government of Georgia in a case filed against Russia at the International Court of Justice in The Hague. On August 12, Akhavan filed a complaint at the ICJ, also known as the World Court, on behalf of Georgia following the conflict that erupted last month over the breakaway Georgian region of South Ossetia. According to a court press release, Georgia is accusing Russia of violating its obligations under the 1965 International Convention on the Elimination of all forms of Racial Discrimination.
The conflict began on Aug. 7 when Georgian forces moved to retake South Ossetia from separatist forces following a series of smaller clashes. Russia responded quickly and expelled Georgian troops from both South Ossetia and Abkhazia, a second breakaway region. The conflict lasted five days with Russian forces moving into Georgia proper and citizens fleeing the conflict zones. The conflict was officially brought to an end with a ceasefire deal brokered by the French. Georgia and many western governments, however, maintain Russia has failed to meet its ceasefire obligations.
Akhavan, a professor of international law and an expert on war crimes, served as a legal adviser in the UN's prosecution of war crimes carried out in the former Yugoslavia and Rwanda. He is serving as the lead counsel to the Government of Georgia. Soon after the conlict began, he traveled to Georgia to gather evidence for the case.
Speaking to the Tribune from Tbilisi, he described the conflict as a classic David and Goliath situation and promoted the use of international law alongside diplomatic pressure.
"What we see today is naked aggression and annexation by a powerful nation of the territory of a much smaller neighbour by instigating ethnic conflict," he said. "Russia's actions have fundamentally challenged basic precepts of international law, and if there ever was a time when the World Court had to vindicate these elementary principles then this is it."
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