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  • Conflicts, Forecasts, The International Judiciary And Economic Aspec

    CONFLICTS, FORECASTS, THE INTERNATIONAL JUDICIARY AND ECONOMIC ASPECTS
    Written by Shota Malashkhia

    Abkhazia, CA
    http://www.abkhazia.com/content/view/609/63/
    Ju ly 23 2007

    Introduction

    The idea of putting together a book similar to this monograph has
    long been around in the scholarly and political community of Georgia.

    In fact, this is due to several reasons, including Russia's aggressive
    policies toward Georgia it pursued ever since dissolution of the Soviet
    Union, the instigated internal conflicts in the territory of Georgia,
    violation of human rights in the two occupied - factually annexed -
    territories, and the lack of effective international involvement in
    regulating the mentioned conflicts. The present Monograph describes
    how similar developments have evolved in other parts of the world
    over the recent decade. It analyses significant facts and processes
    bearing a relevance to Georgia and demonstrates what steps the relevant
    international organizations have taken so far to assist in resolving
    the conflicts and protecting human rights.

    The Monograph contains an overview of the UN peacekeeping missions,
    their legal mandates and implementation examples, conflicts in the
    former Yugoslavia and Soviet Union, as well as the structure of
    organizations called to protect human rights, particularly, the UN
    and European Courts, together with their main areas of competence and
    specifics. This is the first Georgian-language publication comprising
    an account of the international case law relating to the Cyprus-Greece,
    Moldova-Russia, Russia-Chechnya relationships and developments in
    Rwanda; The Kosovo developments have been addressed only to a length
    relevant to Georgia; A special chapter deals with the economic aspects
    of conflict settlement.

    The authors believe that a due account to the above issues in making
    conclusions, as well as drawing parallels and identifying similarities
    with the developments in Georgia, is crucial to the resolution of this
    country's main problem - restoration of its territorial integrity. The
    Monograph considers the issue of restoration of territorial integrity
    both from the standpoint of reinstating Georgia's jurisdiction in
    the uncontrolled territories and safeguarding the universally shared
    system of democratic and humanitarian values.

    First and foremost, conflict situations are known to affect human
    rights and freedoms, together with bringing about economic plight.

    Hence, the book's focus is not only on how international courts and
    other international organizations deal with the violations of human
    rights and freedoms, but also on a novel approach to the economic
    aspects of conflicts that are of no less importance. The authors'
    position regarding resolution of conflicts can in a nutshell be
    expressed as a tenet "the product from the conflict zone". The approach
    accentuates the need for implementation of integrated projects,
    as opposed to a general economic rehabilitation. The program called
    "The Product from the Conflict Zone" aims to restore trust between
    the opposing groups of population through economic cooperation,
    which will, in turn, expedite the integration of conflict zones'
    population into the Georgian state. The approach is versatile and,
    hence, applicable to conflict settlement in other countries.

    We believe that the present book will be of interest to a wide circle
    of readers and scholars, far beyond the scope of those solely working
    on problems specific to Georgia.

    Summary Chapter 1, "UN and Peacekeeping Operations", features the main
    substance, goals and objectives of peacekeeping. This is a notion
    defined as a method for the provision of assistance to countries
    that have suffered from a conflict, with a view to reaching peace and
    setting conditions for its maintenance. UN peacekeepers - soldiers,
    officers, civilian police and civilian personnel from many countries
    of the world - control and monitor peace processes in post-conflict
    areas, and help ex-combatants fulfil obligations taken under the
    signed peace agreements. Such an assistance may come in various forms,
    including the support of confidence-building measures, joint discharge
    of governance functions, helping with holding elections, strengthening
    the law and order, facilitating social and economic development, etc.

    Peacekeeping forces have first come to the scene in 1948 as a
    reconciliation mission in the first UN- supervised operation.

    According to the UN Charter, the UN Security Council is authorized and
    responsible for undertaking collective measures aimed at supporting
    international peace and security. Therefore, the actions of the
    international community are normally based on the principle that
    the conduct of peacekeeping operations should be sanctioned by the
    UN Security Council. The majority of such operations are designed
    and effected by the UN itself, with troops acting under its direct
    operational leadership. In other cases, however, where the UN deems
    its direct involvement unjustified or inexpedient, the Council tasks
    the regional organizations - such as the North-Atlantic Alliance,
    Economic Community of West African States, or other coalitions of
    countries willing to shoulder some peacekeeping or peace-building
    functions - to conduct such operations.

    The experiences gained by the UN observer forces in the course of
    operations aimed at separating hostile forces in Cyprus in 1964,
    coupled with the operational effectiveness of the United Nations
    special peacekeeping forces' Emergency Force II in 1973, have laid
    foundation for the elaboration of a number of fundamental principles
    underlying the UN peace support operations. In particular: - Support
    by the Security Council; 1. as sanctioned by the UN Security Council,
    led and controlled by the UN General Secretary on behalf of the UN; 2.
    troops shall be manned by servicemen from small- and medium-size
    countries, which practically allowed to rule out involvement of
    permanent members of the Security Council in the peacekeeping
    operations during the cold war period.

    The use of weapons solely for self-defence while fulfilling the
    mandate, in the event of armed resistance - Impartiality

    The peacekeeping forces have saved a lot of lives. On numerous
    occasions, these forces provided a valuable help in securing peaceful
    settlement of disputes through negotiations and setting necessary
    conditions for the fulfilment of agreements reached by confronting
    parties under the supervision of peacekeepers.

    The Monograph tracks the dynamics of UN peacekeeping operations and
    demonstrates their changeable character. In particular, it features the
    radical change in the mode of peacekeeping operations which occurred
    in 1987, following the expansion of the scale of operations beyond the
    traditional model of observing seize-fires and force separations. This
    period was marked with the introduction of a peace-building element
    into the operations (e.g., neutralizing mines in Cambodia), together
    with the humanitarian relief (Somali and Bosnia). Civilians played a
    vitally important part in the UN operations in Namibia, Salvador and
    Cambodia, performing a variety of tasks, from public administration
    and observing elections to investigation into human rights violations.

    The Book states that peacekeeping functions have not been clearly
    spelled out in the UN Charter, for the simple reason that back in 1945,
    when the UN was established, nobody could possibly foresee there would
    be any need for such operations in future. One commonly shared belief
    of that time was that the world's five great powers - China, USSR,
    UK, USA and France - together could deter or restrain any conflict
    nearly anywhere. However, the ensuing period proved otherwise. Hence,
    it became necessary to take other methods on board.

    As such, peace support operations were 'born' with the setting up of
    the United Nations Emergency Force during the Suez Canal crisis in
    1956. From that time on, there have been the total of thirty peace
    support operations conducted in various parts of the world.

    The end of cold war triggered a radical change in the mode of
    peacekeeping operations carried out by the UN on multilateral basis.

    Making use of the newly emerged environment for collaboration, the
    Security Council endorsed wider and more complex peace missions,
    often aimed at helping the main opposing sides in internal conflicts
    to reach an all-embracing peace accord. In 1992, with a view to
    meeting the growing demand for comprehensive peace operations,
    the UN established the Peace Support Department. The book includes
    description of the functions and structure of this department.

    The Monograph contains an account of accomplished (Mozambique,
    Salvador, Somali, Cambodia) and successful peace missions (Salvador,
    Mozambique, Bosnia, Herzegovina, Timor L'Este (former East Timor),
    Sierra Leone, Democratic Republic of Congo, Liberia). It is noted
    that some of the UN missions have failed due to an over-enthusiastic
    assessment of the potential of peacekeeping operations: for instance,
    in Somali a seize-fire could not be achieved, nor was it possible to
    secure consent of all involved parties for the conduct of peacekeeping
    operations. The manning of the operation was insufficient. Moreover,
    no political will was demonstrated to resolve the conflict, which
    made it impossible to perform the mandate properly and duly. A series
    of disfunctionalities - the most painful of which were the 1996 mass
    killings in Srebrenica (Bosnia and Herzegovina) and the 1994 genocide
    in Rwanda - urged the UN to embark on a serious reorganization work
    and undertake a self-analysis.

    In 1999, based on the comprehensive analysis of the tragedies in
    Srebrenica and Rwanda, Kofi Annan arrived at the conclusion that the
    UN peacekeeping activities were to be thoroughly reformed. He ordered
    an independent investigation to study the activities of the UN in the
    course of the 1994 Rwandan genocide. The obtained findings clearly
    demonstrated the need for enhancing the UN peacekeeping capacity. The
    report of the Panel of United Nations Peace Operations, commonly known
    as Brahimi report, provides clear-cut recommendations, setting minimum
    requirements for a successful conduct of the UN peace missions. The
    reports underscored the importance of clear and credible mandates,
    together with need to secure the consent of conflicting parties for the
    conduct of the UN peace operations and provision of adequate resources.

    Based on this report, the UN and its member-countries effected a
    number of measures aimed at enhancing the effectiveness of the UN
    peace operations. The UN Department for Peace Keeping Operations
    was tasked to increase its headquarters staffing in support of field
    missions. The Department enlarged its Military and Civilian Police
    Advisers' Division. Apart from this, it launched the Peacekeeping Best
    Practices Unit, charged with analyzing the accumulated experiences
    and providing recommendations to the UN missions on such matters
    as: general issues, peacekeepers' code of conduct, disarmament,
    planning demobilization and reintegration programs, keeping the law
    and order, etc.

    On 20 December 2005, the parallel sessions of the UN General Assembly
    and the Security Council endorsed the resolution on the establishment
    of the UN Peacebuilding Commission. This new intergovernmental advisory
    body is called to provide a post-conflict recovery assistance and
    mobilize resources to this end.

    In our view, of particular interest to the reader will be the
    deliberations regarding the UN peace mission in Kosovo. The more
    so that Georgia's opponents are now attempting to apply Kosovo's
    precedent to the current conflicts in this country.

    In Kosovo, regardless the large scale and complex structure of the
    conflict, the UN opted for an unprecedented and daring experiment.

    Not a single UN mission in the preceding period has ever engaged
    other multilateral organizations as full-fledged partners in the
    peace operations held under the UN auspices.

    The peace mission in Kosovo was endorsed on 10 June 1999, when
    the UN Security Council passed resolution #1244 and authorized
    the UN Secretary General to establish the UN-led Interim Civil
    Administration in the war-torn Kosovo. Under its leadership,
    the Kosovo population could gradually start exercising the rights
    of a virtual autonomy. Specifically, through resolution #1244, the
    Security Council charged the mission with the following tasks: 
    perform basic civilian administrative functions;  promote the
    establishment of substantial autonomy and self-government in Kosovo;
     facilitate a political process to determine Kosovo's future
    status;  coordinate humanitarian and disaster relief of all
    international agencies;  support the reconstruction of key
    infrastructure;  maintain civil law and order; 
    promote human rights; and  assure the safe and unimpeded
    return of all refugees and displaced persons to their homes in Kosovo.

    Having enlisted the help of Kosovo's leadership and population, the
    mission shouldered the task of implementing essential administrative
    functions and services, encompassing such areas as healthcare,
    education, banking system and finances, postal services and
    communication, and maintenance of civil law and order.

    ~U In January 2000, various departments of the joint administrative
    structure were formed. In October 2000, 30 municipalities of
    Kosovo held local elections; May 2001 saw adoption of Kosovo's new
    constitutional frameworks.

    With a view to fulfilling its mandate, the UN mission in Kosovo took
    control of four areas, in other words "pillars", of administration.

    Pillar 1 (humanitarian relief) - led by the Office Higher Commissioner
    for Refugees (UNHCR) was launched upon completion of the emergency
    stage and phased out by June 2000. In May 2001, a new Pillar 1 was
    introduced. Presently, there are the following pillars: 
    Police and justice, under the United Nations,  Civil
    administration, under the United Nations,  Democratisation
    and institution-building, led by the Organization for Security,
    and Cooperation in Europe (OSCE), and  Reconstruction and
    Economic Development, led by the European Union.

    The Head of UNMK is a special representative of the UN Secretary
    General. He controls and oversees the progress of work undertaken
    by the above four pillars and facilitates the political processes
    leading to determination of Kosovo's political status.

    On 10 December 2003, a Special Representative of the UN Secretary
    General, Mr. Holkery, officially voiced his plan known as "Standards
    for Kosovo". This document is an important landmark towards securing
    compliance with the eight standards for Kosovo that should be met
    infallibly prior to consideration of the issue of Kosovo's status.

    The Reader will also find the citing of ten guiding principles of the
    Contact Group for a settlement of the status of Kosovo. This latter,
    de jure being a part of Serbia has been under UN administration since
    1999. So far, the negotiations aimed at determining Kosovo's status
    in accordance with universally recognized principles of international
    law, remain largely unsuccessful. This year alone, there were four
    summit meetings held with the mediation of the UN Special Envoy for
    Future Status Process in Kosovo, Martti Antisaari, former President
    of Finland. Sadly, all of these meetings were in vain.

    The Albanian side sets forth a categorical ultimatum for independence,
    while the Serb leadership rules out such a possibility totally and
    completely. At negotiations, the Serb side expressed its readiness
    to grant Kosovo a broad autonomy within Serbia's borders that would
    be guaranteed by a special constitutional agreement.

    According to the suggested agreement, Serbia is prepared to delegate
    the local legislative, executive and judiciary authority to Kosovo,
    with Belgrade retaining foreign policy and border protection functions.

    In addition, in the course of negotiations, the heads of
    Serbian delegation, President Boris Tadic and Prime Minister
    Vojislav Kostunica, circulated among the foreign ministers of the
    member-countries of the Kosovo Contact Group (USA, Germany, Russia,
    Italy, France and UK) and to Marti Antisaari, a document containing
    proposals for further negotiations.

    The circulated document suggests that the dialogue between Belgrade and
    Pristina should concentrate on four major issues: 1. Elaboration of the
    new constitution of Kosovo 2. Security of Kosovo's Serbian population
    3. Economic and financial relations 4. Decentralization of the province

    The Security Council and the UN General Assembly have considered the
    issue of Kosovo's status at their sessions but have failed to come
    at any concerted decision.

    On February 14 this year, Serbia's Skupcina, by the absolute
    majority of votes (225 against 15, with 3 abstained), endorsed a
    government-submitted draft resolution fully rejecting the basic
    provisions of the plan set forth by M. Antisaari, Special Envoy of
    the UN Secretary General, on February 2.

    The Serbian MPs dismissed M. Antisaari's major principles as totally
    illegitimate, as they speak about according all essential attributes
    of an independent statehood to Kosovo, also leaving certain elements
    of international protectorate.

    The Resolution points out that 'Antisaari's plan' violates the basic
    principles of international law, disregards the sovereignty and
    territorial integrity of Serbia as regards Kosovo and Metohija, and
    paves the way for an illegitimate establishment of a new independent
    state inside the territory of Serbia. This 'imposed independence'
    of the province, the MPs' contend, will be fraught with unforeseeable
    consequences. They caution that the virtual independence of Kosovo will
    create "an exceptionally dangerous precedent for resolving minority
    issues and territorial disputes throughout Europe and the world
    ". "Such an outcome would destabilize the situation in the region
    for the long term, and cloud the European prospects of the entire
    Western Balkans". Serbia's National Assembly called on all countries
    and international organizations to stand up to the threat to Serbia's
    sovereignty and territorial integrity and reject any imposed solution
    regarding Kosovo.

    Russia's position in respect to Kosovo's status was made
    crystal-clear both by President Putin and Minster of Foreign Affairs,
    Mr. Lavrov. This position is fully reflected in a document, called
    "On Russia's Position at the 61st Session of the UN General Assembly"
    placed on the official site of the Ministry of Foreign Affairs
    of the Russian Federation. The document states that the decision
    regarding Kosovo's status should be universal and precedental by
    nature; Earlier on, (September 2006), V. Putin elaborated on the
    expediency of applying the international standards, similar to
    those used with respect to Serbia-Kosovo, to the South Ossetian
    and Abkhazian conflicts in the territory of Georgia. In his view,
    the recognition of Kosovo's independence by international community,
    will knock off any grounds from under non-recognition of Abkhazia's
    and South Ossetia's independence. At the same time, V. Putin noted
    he would not rule out that Russia would use its veto right during
    the voting on Kosovo's status at the UN Security Council.

    The US and Western countries have a different position about this
    issue. They talk about the unique nature of the Kosovo issue and note
    the specificities of the conflict, pointing out in how different it
    is from other conflicts.

    In response to Russian politicians' attempts to artificially inflate
    the South Ossetian and Abkhazian conflicts in parallel with Kosovo and
    insisting upon applying the same common and universal approaches to
    these conflicts, the authors point out the distinctions between the
    Georgian and Yugoslavian (Kosovo) conflicts which make them totally
    different in nature.

    In the view of the Temporary Commission on Territorial Integrity Issues
    of the Parliament of Georgia, drawing parallels between the actions
    of the governments of Georgia and Yugoslavia is an out-of-place and
    nonsensical exercise. Neither would it be appropriate to speak about
    similarities between these conflicts due to the following reason:
    the majority of Kosovo's population is Albanian (77% of Albans,
    and 13% - Serbs), and this majority has expressly manifested its
    support of independence. By comparison, holding any opinion polls in
    connection with determination of Abkhazia's status would totally be
    devoid of any sense, as the majority of population have been ousted
    from this territory (This opinion is unequivocally supported by the
    European Union).

    Yet another important circumstance should be mentioned here. As is well
    known, the majority of the present population in Abkhazia and Ossetia
    have been granted the Russian citizenship. Under such conditions,
    participation of the persons that are citizens of one country in
    a referendum on the independence of territories in another country
    is a juridical nonsense. No such examples can be found in the world
    practice.

    It is commonly known that there was a genocide of the Albanian
    population in Kosovo, while in Abkhazia, it was the Georgian population
    that fell victim to the genocide and ethnic cleansing.

    Until now, Russia undertakes permanent attempts to annex the
    territory, a fact corroborated by a number of reputable international
    organizations.

    At OSCE meetings, the member countries have more than once raised
    concerns about the ethnic cleansing of Georgians, their mass expulsion
    from the places of their residence, and the killings of a large number
    of the civilian population (Resolution of 6 December 1994 of the OSCE
    Budapest Meeting ; OSCE Lisbon Summit Declaration of 2-3 December 1996;
    OSCE Istanbul Summit Declaration of 19 November 1999).

    And still, the major difference lies in the fact that in case of
    Yugoslavia the Serbian-Albanian confrontation was only too evident,
    while the conflicts in this country hardly bear the nature of a direct
    Georgian-Ossetian or Georgian-Abkhazian confrontation. Rather, what we
    see in the latter case is Russia's outright aggression against Georgia.

    A separate chapter is devoted to a brief review of Yugoslavia's
    history, in particular: creation of the Yugoslav statehood and the
    Federal Republic of Yugoslavia, confrontation between the USSR and
    Yugoslavia, protestations in the country over the status of the
    Yugoslav Republic, as well as referendums on the independence held
    in the constituent republics and the Dayton Agreement.

    On 28 September 1995, at the Wright-Patterson air force base, near
    Dayton (State of Ohio), USA, The General Framework Agreement for Peace
    in Bosnia and Herzegovina (Dayton Agreement), with its 11 annexes, was
    initialled with the participation of representatives of the Bosnian,
    Croatian and Serbian conflicting parties.

    Upon its signing in Paris on 14 December 1995, the enforced agreement
    envisioned establishment of a joint state consisting of Bosnia and
    Herzegovina within the confines of the 1990 borders. The Republic
    was to consist of two parts - the Serb Republic and Muslim Croat
    Federation.

    Conditionally, the Agreement could be split into two parts: a set of
    military questions and problems related to the civilian settlement.

    It provided for stationing a large, 60-thousand-strong NATO contingent
    in the Bosnian territory with a view to observing the seize-fire,
    with American servicemen amounting to almost half the number of
    troops. Apart from this, the post of High Representative of the
    International Community was introduced, whose wide competencies are
    indicative of nothing short of the establishment of an international
    protectorate in Bosnia and Herzegovina.

    The Book points out that the Dayton Agreement was most instrumental
    in stopping the bloodshed brought about by ethnic confrontation. The
    NATO troops managed to separate the conflicting forces, enabling
    a part of displaced persons to return to their homes. Over recent
    years, the country has made a certain headway in the political
    and social sphere. Bosnia and Herzegovina are now going through a
    constitutional reform, parallel to the ongoing integration process
    into the European and Euro-Atlantic structures. Although, in the
    opinion of international experts, this latter process falls behind
    the respective rate of development of interrelationships between
    Brussels and other Balkan countries.

    Similar to the other Eastern European nations, Serbian people failed
    to build a true democratic society over the period of 1945-1990,
    as they were clutched in the grips of one-party dictatorship and
    one overarching ideology. All of these countries were ruled by a
    hypertrophic central power.

    In truth, despite the formally declared 'people's power', Yugoslavia
    was fully subject to the dictatorship of the ruling party, having
    zero tolerance for any discording of opinion. The ethnic issue was
    pronounced as finally resolved, although, in fairness, there were
    numerous gross violations from the interethnic relations viewpoint.

    Hence, the authors conclude that the outbreak of nationalism in that
    country was the price it paid for the many years of dictatorship.

    After the death of Joseph Broz Tito who ruled with a firm feast
    and managed to maintain social order and relative integrity of the
    Federal Republic of Yugoslavia over four decades, the strive for
    independence amongst the republics that constituted the Federation
    and the weakening of the centre became particularly prominent.

    According to the author, one of the primary reasons for the collapse
    of Yugoslavia was an extremely uneven level of economic development
    of the constituent republics.

    The Monograph also comprises deliberations on the topic of the Hague
    International Court and the Hague International Tribunal.

    As is well known, 27 February 2006 saw the commencement of
    unprecedented hearings at Hague: for the first time in history,
    individual countries - rather than citizens - acted both as the
    plaintiff and the respondent.

    Bosnia and Herzegovina accused Serbia and Montenegro of the breach
    of the Convention for the Prevention War Crimes in 1992-1995 and of
    the genocide and ethnic cleansing committed against the non-Serbian
    population, which claimed the heavy toll of 100,000 lives.

    Despite the fact that the complaints were lodged as early as 1993,
    the judges were able to commence the hearing of this complex case
    only in 2006. This has been the first litigation initiated by one
    former Yugoslav republic against the other.

    As to the Hague Tribunal, established in connection with former
    Yugoslavia, in total, from its inception until now, it delivered
    judgements on 16 individuals. In January 2004, the Hague International
    Tribunal issued an arrest warrant for another 12 persons charged with
    war crimes.

    According to the most recent information, the Tribunal has issued
    indictments on 125 persons, out of which 16 are still absconding
    justice. The best known figures among these are President Slobodan
    Milosevic and sixteen other influential political and military leaders
    of former Yugoslavia, the Bosnian Serbs leader, former president
    Radovan Karacic and the Serbian army commander Ratko Mladić.

    On 10 July 2006, the Hague Tribunal began one of the most resonating
    litigations over its history, with six former leaders of Serbia and
    the Federative Republic of Yugoslavia behind the bar, including the
    former president of Serbia, Milan Milutinovic.

    Chapter 3 of the Book deals with the topic of armed conflicts in
    the post-Soviet space.

    The end of cold war, together with the demise of totalitarian communist
    regimes and collapse of the socialist system in the 80's and 90's
    of the 20th century, resulted in a major redesign of the world's
    political spectrum.

    Former soviet republics expressly demonstrated their aspiration toward
    building their respective independent statehoods.

    This period was also marked by the emergence of separatists
    sentiments, inspired by the former centre, which in a number of
    locations manifested the tendency towards growing into regional
    conflicts (Transdniestria, Abkhazia, former South Ossetian Oblast,
    the Nagorno-Karabakh Autonomous Oblast).

    Notably, all four leaders of the rebellious regions were members of
    the 'Sojuz' faction of the Council of People's Deputies of the Soviet
    Union. Unsurprisingly, they were string-manipulated from the centre.

    The authors hold that, despite the varying forms, these conflicts are
    identical in substance. They analyse the root-causes of the conflicts
    and draw distinctions between their three types: a) conflicts inspired
    by self-determination demands of ethnic minorities; 2) conflicts
    related to the re-distribution of the former USSR property; and,
    finally, c) conflicts that have acquired the character of a civil war.

    As a rule, conflicts driven by demands for self-determination and
    the re-tailoring of administrative borders, have been found to
    evolve three major stages. First, there comes a relatively peaceful
    stage, characterized by a growing 'war of laws' between the central
    authorities and the political elite of the ethnic minorities,
    demanding wider political and economic freedoms. Typically, neither
    of the sides is flexible enough to reach an accord or come to a
    compromise. For instance, in the mid-perestroika period, Nagorny
    Karabakh's Armenian population, set forth a petition to the Azerbaijan
    government claiming a broad national and territorial autonomy, also
    implying the possibility of acceding to Armenia.

    Seeing these claims as a real threat of separatism, including a
    possible break-away of the Armenian part of the Nagorno-Karabakh
    oblast, the Azerbaijani leadership, categorically refused to consider
    the demand and attempted to settle the problem forcefully.

    The Supreme Council of the Armenian Republic and the National
    Council of the Nagorny Karabakh adopted a joint decision declaring
    the accession of Nagorny Karabakh to Armenia. The decision came in
    response to the adoption by Azerbaijan of the Law on Sovereignty,
    according to which Nagorny Karabakh, together with the rest of
    Azerbaijan, could pull out from the USSR any moment in time.

    The above decision turned out to serve as a prologue to an open
    armed confrontation.

    Developments in Moldova evolved by a similar scenario. The
    Supreme Council of the self-proclaimed republic of Transdniestria
    presented numerous proposals to the Parliament of Moldova to sign a
    federative constitutional agreement. As the proposals were rejected,
    the representatives of Transdniestria refused to participate in the
    work of the parliament to demonstrate their protest. In the following
    period, Transdniestria issued a number of laws directly conflicting
    with Moldova's acting constitution. This entailed reciprocal steps
    on the part of the country's leadership, expressed in a consistent
    dismissal of these laws as illegitimate.

    A similar 'war of laws' scenario was played with respect to the
    so-called South Ossetia. Perestroika sparked off a growing movement
    for independence statehood in the majority of Soviet republics,
    including Georgia. As a counter measure, the Kremlin resorted to
    fanning the flames of separatist sentiments. Such sentiments aspiring
    to achieve a maximal autonomy from Georgia were basically prevalent
    among Ossetia's political elite.

    As a rule, in each case the 'war of laws' was waged in parallel with
    the introduction of economic sanctions, the orchestrated subversive
    activities and terrorist acts, all of these contributing to the
    spilling of the existent confrontation into an armed conflict.

    As a chain reaction, a fight unleashed by one national minority was
    added to by unrests stirred among other minorities. In Moldova,
    Transdniestria'a movement for autonomy was bolstered by the
    protestations of gagauzs residing to the south of Moldova. Similar to
    this, in Georgia, the Abkhazs started setting forth their own demands
    for broader rights, thus backing up the protestations of the South
    Ossetian Oblast.

    The second stage of this type of conflict involves an armed
    confrontation. Normally, at this stage, the conflicting parties
    undertake attempts to internationalize the conflict and call on their
    potential allies for help or mediation. At the same time they do all
    they can to denigrate one another in the eyes of the international
    community. In every instance, each side harboured an illusory hope that
    it would soon gain a major military victory, which pushed the situation
    further into a deadlock, leaving little room for peaceful negotiations.

    Another feature typical of all conflicts in the CIS space was that
    prior to major talks each conflicting party tried to grab control over
    as much territory as possible, so that it could sit at the negotiation
    table comfortably cushioned by the head-start gained in such a way.

    Hence, the development of conflicts into an armed confrontation stage
    did nothing to expedite the settlement of these conflicts. On the
    contrary, it added on the gruesome "burden" of more mutual claims,
    hurt feelings, grave confrontations, and new scores to settle.

    Stage 3 - de-escalation of conflicts on the basis of seize-fire
    agreements.

    For a number of reasons, the end of hostilities has brought about no
    final and comprehensive settlement of the conflicts until now.

    Unfortunately, the attained peace is very fragile, while the root
    causes and political discordances that had led to the conflicts remain
    largely unresolved.

    So far, no solution has been found to the problem of safe return of
    refugees and IDPs to their home places. This fact accounts for the
    existence of a large category of people which, sooner or later, may
    turn into a serious political force that could trigger a new wave of
    tensions in the region.

    Such a course of events indicates to the fact that despite the
    many efforts of the international and regional conflict-resolution
    organizations, their effectiveness remains disappointingly low. This
    is particularly evident in the case of Nagorno-Karabakh and Abkhazian
    conflicts.

    Property-redistribution related conflicts are potentially linked to
    the disagreements over quotas for the redistribution of the former
    USSR property. The most illustrative example of such is the conflict
    between Russia and Ukraine over the Black Sea fleet.

    The first stage of the conflict emerged in July 1990, straight
    after Ukraine's declaration of independence. Ukraine's political
    argumentation in the dispute was based on the premise that the
    republic's share in the former USSR national income equalled about 25%,
    while the Black Sea fleet accounted only for 9.2% of the entire USSR
    fleet. Besides, 44% of all the Black Sea fleet ships had been built
    in Ukraine. Russia, on its part, maintained that it was entitled
    to 78% of all the Black Sea fleet ships, while Ukraine could only
    claim 22%. As the tensions escalated, Ukraine resorted to a number
    of attempts that were, in effect, aimed at gaining control over the
    entire Black See fleet. From January 1992, without any prior agreement
    with the Russian Defence Ministry, Ukraine started financing the entire
    fleet unilaterally. It was only after rounds of arduous negotiations,
    that a solution was reached by which both the countries would allocate
    equal sums from their budgets to finance the fleet.

    This decision provided a headway for the transfer of the conflict
    into the second stage, where disputes over the Black Sea fleet were
    put into the frameworks of agreements. The peace accord achieved
    in Dagomyss on 22 July 1992, provided for a transition period for
    the division of the fleet to cover the period until 1995, however
    the agreement contained no indication of the major issue, as to
    what mechanism would be used in the division process. What's more,
    certain decision dragged the situation further into a stalemate.

    Without resolving the issue of the fleet's status, it was decided that
    its Commander would be appointed by the mutual agreement by the two
    Presidents and would take orders both form the Russian and Ukrainian
    President. Besides, the parties made a decision on the establishment
    of a joint commission with a view to overseeing the implementation of
    the Yalta Agreement, comprising members of Russia's, Ukraine's and
    Crimea's Supreme Councils and the Sevastopol Municipality Council,
    which largely remained unaffected.

    Another subject of contention between Russia and Ukraine was a dispute
    over Crimea, which back in January-February 1954, was pulled out from
    the Russian Federation and adjoined to Ukraine.

    Stage 3 of the conflicts - civil war.

    A telling example of this conflict stage has been the civil war in
    Tajikistan. Its root cause of was an increasingly high confrontation
    between the many political forces in the country, representing various
    social layers (tribes, local clans, etc.).

    A political compromise turned out practically impossible, which led
    to an armed confrontation. The first telling sign of a starting civil
    war was the beginning of armed clashes between the armed formations
    legally subordinated to different political forces, followed by a
    gradual escalation of fights over time.

    The traditional antagonism was further exacerbated by a
    region-to-region confrontment and the class dissent between the old
    forces (the so-called 'party nomenclature') and the representatives
    of a new political movement waging the war under the Islamic Revival
    flag. Apparently, it will take decades of politicians' and diplomats'
    self-devoted efforts to undo this intricately woven bundle of problems.

    Understandably, the Monograph gives a great deal of attention to the
    conflicts that emerged in Georgia in the early 90's. It views the root
    causes of the conflicts through the prism of the highly complicated
    history of Russian-Georgia relations, also devoting ample attention
    to the consideration of the evolution of conflicts, progress of peace
    processes and the mistakes made in their course. In this connection,
    the authors suggest a tool to activate the above processes.

    The Monograph speculates on the major impact Georgia's geographic
    location spanning over its entire history and development, and
    determining the country's major cultural and historical mission in
    the Caucasus.

    Historically, no country with any strength and imperial ambitions was
    ever able by-pass the Caucasus if, indeed, it aspired to become an
    empire. It aspired to consolidate its borders in the Caucasus or,
    better even, across the Caucasus. Naturally, in either instance,
    it came head-to-head with Georgia, the central country in the region.

    Last aggressor that subjugated the Caucasus insistently and
    step-by-step, was the Russian Empire. Its tireless attempts to conquer
    the Caucasus span over the period of more than two centuries.

    This plan was implemented methodically and consistently.

    The main strategies employed by Russia to gain control over Georgia
    were based upon the following factors: 1. Internal factor - the region
    being a melting pot of a great number of ethnicities and religions,
    which offered considerable chances to stir internal contradictions.

    2. External factor - a frantic confrontment between Iran and the
    Ottoman Empire over the Caucasus and their century-long fight,
    which finally - along with the domestic reasons - significantly
    weakened the two countries, leaving them outside the playfield of big
    geopolitical games for a lengthy time; 3. A plan to turn Georgia into
    the gendarme of the Caucasus - a total and complete contradiction with
    the historical role/mission of this country; 4. Demographic expansion

    The Monograph describes how the Russian Empire proceeded along these
    strategic lines and what techniques it had used starting from the
    18th century until now.

    To a certain degree, Russia succeeded in reversing the positive energy
    expended into the building of the Common Caucasus Home to a negative
    charge, by purposefully embroiling North Caucasians in the conflict it
    instigated in Abkhazia. Prior to that, it orchestrated the toppling
    down of the Georgian government that came to power democratically
    in 1991-1992.

    Importantly, apart from geopolitical interests, the engagement of North
    Caucasians into the Abkhazian conflict by Russia pursued yet another,
    insidious goal. More specifically, this exercise was meant to divert
    the North Caucasians' attention from their own problems onto Georgia.

    It is well known that in the early 90's, against the backdrop of
    growing religious and national identity sentiments in North Caucasus,
    the level of unemployment among the youth was particularly high.

    Social problems served a feeding ground for the ripening of ethnic
    confrontation between representatives of various ethnic groups. The
    increasing dissatisfaction with the existing situation inevitably
    lead to an escalation of tensions and eventual confrontation with the
    centre. Under these circumstances, with a view to camouflaging the
    existing problems and avoiding the need to address them, the Russian
    authorities did all in their power to ensure that the accumulated
    negative energy vented onto Georgia.

    The authors note that during the Soviet period separatism movement in
    Abkhazia was acquiring an organized form. An extremely sharp episode
    of exacerbation of the Georgian-Abkhaz relations coincides with the
    adoption of the 1977 Constitution. The confrontation occurred around
    the issue of Abkhazia's status.

    The onset of 'perestroika' processes back in 1985, enabled Georgia
    to openly launch the national liberation movement for the its
    independence.

    A new, decisive stage of this movement in the country began in
    1988. Unsurprisingly, the same period was marked by intensification
    of separatists movements inspired by the Centre. Their first serious
    manifestation was the "Abkhaz letter' addressed to the 1st All-Union
    Conference of the Communist Party.

    This show of separatist sentiments reached its peak with the gathering
    of the Abkhaz population in v. Lykhni, Gudauta district, on 18 March
    1989, which adopted an address to the leadership of the Soviet Union
    fully permeated with anti-Georgian rhetoric. This, in truth, was a
    petition to decede from Georgia. Soon, there followed provocations of
    blood-shedding attacks on Georgians (1-2 April 1989, 15-16 July 1989).

    In order to keep the heat of the exacerbated confrontation with the
    Georgian population, Moscow's special services aided and financed
    the setting up of a number of anti-Georgian organizations, such as
    "Aidgilara", "Slavjanski do", "Krounk" and "Alan".

    *** The situation in the South Ossetian Oblast became tense when its
    local authorities passed a decision on the assignment of a higher
    status to the autonomous oblast on 10 November 1989, proclaiming the
    transformation of the oblast into the Soviet democratic republic and
    declaring its sovereignty.

    Similar processes were also underway in Abkhazia. In the early 90's,
    through a gross violation of the law, the Abkhaz separatists adopted
    a resolution "On Legal Guarantees for the Protection of Akhazia's
    Statehood", coupled with "The declaration on the state sovereignty
    of the Abkhaz Autonomous Soviet Republic".

    Apparently, all these steps by separatists and their accomplices,
    were targeted at provoking larger clashes against the Georgian
    people. In the end, Georgia was dragged into a most severe, lengthy
    and blood-shedding war raging in its two provinces - all of this was
    aimed at stifling Georgia's aspirations towards independence. The
    conflicts took a heavy toll of casualties, including thousands of
    dead, tens of thousands of wounded, over 300,000 displaced persons,
    tens of thousands of destroyed houses, accompanied by destruction
    of material and cultural artefacts. In effect, by using the Abkhaz
    and Ossetian separatists as a cat's paw and engaging its own regular
    forces in decisive moments of battles, Russia committed an act of
    actual occupation and annexation of Georgia.

    The ethnic cleansing and genocide of the Georgian population is
    still continuing. However, the Georgian government has not abandoned
    its efforts to settle the conflicts peacefully. On 24 July 1992,
    in Dagomyss (Russia) an agreement was signed "On the Principles of
    Settlement of the Georgian-Ossetian Conflict", which resulted in the
    setting up and stationing of tripartite peace-keeping forces (Russia,
    Georgia, and Northern Ossetia) on the ground.

    On 4 April 1994, a quadripartite agreement on "Voluntary Return
    of Refugees and IDPs from Abkhazia" was signed in Moscow, together
    with a release of a statement "On the Political Settlement of the
    Georgian-Abkhaz Conflict".

    On 14 May 1994, with the mediation of the Russian Federation,
    the Georgian and Abkhaz sides signed an agreement on ceasefire and
    separation of forces. On 24 July 1994, CIS collective peace-keeping
    forces (1600 servicemen and ammunition) entered the conflict zone.

    Disrespecting the peace negotiations conducted so far, on 24 November
    1994, the Abkhaz side adopted the so-called constitution of the Abkhaz
    Republic, declaring Abkhazia a sovereign state.

    On 19 January 1996, the Moscow CIS Summit adopted a decision "On the
    Measures for Settlement of the Conflict in Abkhazia, Georgia".

    The document denounces the destructive stance of the Abkhaz side,
    holding it responsible for dragging-out the political settlement
    process, along with the safe return of IDPs to their homes.

    Georgia enjoys an unequivocal support of the international community.

    Attesting to this are the many documents adopted by the UN, OSCE,
    EU which reconfirm Georgia's territorial integrity and condemn the
    ethnic cleansing.

    Although donned in the cloak of a peacekeeper, the Russian government,
    holding a dominance position in the post-Soviet space, has never taken
    a single realistic step toward a true resolution of conflicts. On the
    contrary, it has offered and is still offering a fierce resistance
    to the Government of Georgia, by taking a clear-cut anti-Georgian
    stance at international organizations. This is manifested in the
    non-observance of the documents that truly aim at settlement of the
    conflicts. For instance, according to paragraph 27.3 of Chapter 5 of
    the UN Charter, the Security Council adopts decisions on all matters by
    affirmative vote of its nine members, including all permanent members
    of the Council. At the same time, pursuant to Chapter 4, paragraph
    52. 3, the member that is party to the dispute in question should
    abstain from participating in the voting. In order to enable this
    provision, the Russian Federation must be officially recognized as a
    party to the conflict. To achieve this, Georgia needs the support of
    international organizations and certain states. In view of the above,
    the Georgian government deems it crucially important to boost the role
    of these latter, together with changing the format of peacekeeping
    operations and conducting negotiations directly with the Abkhaz side,
    as an essential prerequisite for the commencement of the settlement
    process.

    The provided examples of conflicts allow to single out the basic
    preconditions for conflict resolution: 1. Stop combat activities and
    restrain conflicting parties 2. Achieve a peace agreement; determine
    the subject of the conflict; determine the status.

    The authors set forth the basic goals corresponding to each
    stage. In particular: - unconditional non-resumption of fire and
    stopping hostilities, disarming and disbanding confronting parties'
    paramilitary formations; - withdrawing all military units from the
    conflict zone and from all neighbouring countries participating in
    the combat activities, including volunteer formations.

    - unconditional release of all hostages; bringing to justice all
    instigators of the armed conflict and perpetrators of criminal acts.

    - unblocking all transport and rail road routes; - delivering
    humanitarian relief to the population in the conflict zone; -
    maintain and strengthen the law and order through cooperation of the
    police services of the parties - safe return of refugees and IDPs
    to their homes under guarantees and supervision of the respective
    international organizations - holding elections - rehabilitation of
    the main infrastructure facilities, residential buildings and economy
    on the whole;

    The main goal of Stage 2 is determination of the status through
    application of universally recognized principles of the international
    law.

    Chapter 4 of the publication deals with the international structures
    working in the field of human rights protection, including their
    respective scopes of competence and specificities.

    By joining the Council of Europe in April 1999 and ratifying the
    European Convention for the Protection of Human Rights and Fundamental
    Freedoms in May of the same year, Georgia has officially recognized
    the jurisdiction of the European Court of Human Rights, which acts
    as the guarantor of the observance of rights and freedoms spelled
    out in the Convention.

    The fact that the breakaway regions remain outside the factual
    jurisdiction of the Georgian state renders the country incapable
    of ensuring protection of human rights through domestic remedies in
    respect to the citizens that reside in those territories. Hence, the
    most efficient instrument for reinstatement of their abused rights is
    the application to the European Court of Human Rights. Its judgments
    on a number of cases serve as guiding benchmarks for Georgia. It is
    for this reason exactly that the Temporary Commission on Territorial
    Integrity Issues of the Parliament of Georgia prepared two draft
    resolutions, unanimously approved at the plenary session of Georgia's
    parliament on 17 March 2006.

    Ratification of the European Convention for Human Rights affords
    every individual under its jurisdiction an opportunity to apply
    to the Strasbourg Court to ensure restoration of his/her violated
    rights. The analysis and generalization of the international court
    practice suggests that Georgia should take necessary steps in order to
    lodge a complaint against Russia with the United Nations International
    Court of Justice for the violations it committed in the conflict
    regions of Georgia.

    The conflicts that emerged in Georgia in early 90's, resulted in the
    ethnic cleansing of the Georgian population, which was reflected in
    the respective documents of a number of international organizations.

    At the OSCE meeting, the participating countries expressed their deep
    concern over the ethnic cleansing and mass expulsion of citizens -
    predominantly Georgians - from places of their residence, as well
    as the killing of a large number of civilians. On 21 February 2006,
    the country presiding over European Union made a statement on EU's
    behalf in connection to Georgia. The statement was joined practically
    by all European countries, except Russia and Belarus.

    The Temporary Commission on Territorial Integrity Issues of the
    Parliament of Georgia, deems it necessary to establish an ad hoc
    working group in order to intensify work with the Baltic countries,
    Turkey - as a neighbouring country, Ukraine, Poland and others,
    to ensure the recognition of the fact of annexation of Abkhazia
    and Tskhinvali by Russia. All of these countries have one feature
    in common. They are all embroiled in disputes with Russia as Soviet
    Union's legal successor, whereas Georgia's claim to Russia relates
    to the developments that occurred after the dissolution of the
    Soviet Union.

    Bringing all crime perpetrators to justice is an essential
    precondition for conflict resolution and restoration of trust.

    Therefore, Georgia deems it necessary to pose the issue of
    establishment of an international tribunal for prosecution of violators
    of the international law in the territory of Abkhazia, both with the
    UN and the Parliamentary Assembly of the Council of Europe.

    Presently, as universally known, there are international tribunals,
    established by the Security Council, for Prosecution of Persons
    Responsible for Serious Violations of International Humanitarian Law
    Committed in the Territory of the Former Yugoslavia and Rwanda. Not
    so long ago, the idea of establishing an international tribunal for
    crimes committed in Chechnya was debated most actively. In 2003,
    The Council of Europe applied to the United Nations with a request to
    look into the issue of creating an international tribunal for Chechnya.

    Apparently, bringing violators of the international criminal law
    before international criminal courts is a much simpler undertaking
    compared to the establishment of international tribunals, requiring
    a special decision of the Security Council. An international court
    is a permanent body whose jurisdiction allows prosecution of physical
    persons for serious crimes, such as genocide, crimes against humanity,
    war crimes, and aggression crimes.

    On 17 July 1998, the Statute of the International Criminal Court
    was signed in Rome. The Georgian parliament ratified the Statute on
    July 2003.

    Given the above, a considerable attention is given to the overview
    of the case law precedents, presented in the form of court judgments.

    Each case has a relevance to the steps that Georgia is about to take,
    in as much as they can serve as guiding benchmarks of principle
    importance.

    The book draws an example of the 18 December 1996 judgement of European
    Court of Human Rights' on the Loizidou against Turkey case.

    This many-year long litigation set one of the most illustrative and
    positive precedents in the international law. A citizen of the Republic
    of Cyprus, Titina Loizidou, who claimed that she had lost the right
    of access and enjoyment of her property following occupation of the
    northern part of the country by Turkey, won the case. As a result,
    the respondent party, Turkey, had to pay Mrs.

    Loizidou a substantial monetary compensation for the incurred damage.

    Another example bearing a crucial significance for Georgia is the
    case of Ilaşcu and others against Moldova and the Russian
    Federation. The European Court of Human Rights judged in respect to
    a citizen of Moldova, Ilaşcu and his group members on 8 July 2004.

    The armed conflict in Moldova violated practically all aspects of the
    universally recognized principles for the protection of fundamental
    human rights. An illegitimate court of the Transdniestrian separatist
    regime issued Ilaşcu a death penalty, while the others were
    sentenced to many years of imprisonment. The detainees were kept in the
    territory of a Russian military base. They were subject to an inhuman
    treatment - tortured, denied food, disallowed to receive visits from
    relatives or representatives of international organizations. They were
    also deprived of a possibility to send or receive mail and contact
    a lawyer or other courts. Owing to the efforts of the international
    community and the European Court of Human Rights Ilaşcu and his
    group were freed and were afforded a substantial compensation.

    The Grand Chamber of the European Court of Human Rights delivered
    three judgements on 24 February 2005 with regard to a complaint of
    violated rights filed by six citizens of Russia (Khashiev and Akaev
    vs Russia, Isaeva, Yousopouva and Bazaeva vs Russia, Zara Isaeva
    vs. Russia). The Court deliberated on the violation of rights of the
    Chechen citizens, contending that the responsibility for the violations
    fully rested with the Russian Federation, and obliged this latter to
    pay respective compensations to the plaintiffs.

    In addition to the above, the book brings up the facts related to the
    Rwandan developments in the 80's and 90's of the last century. On
    8 November 1994, the Security Council adopted a resolution on the
    establishment of the Tribunal for Rwanda to deliberate on the acts of
    genocide committed in the territory of Rwanda. In total, the tribunal
    delivered 18 judgements.

    The European system of justice for the protection of human rights
    contains one foremost feature, as it can receive, admit and judge on
    the claims lodged by one state against another. According to Chapter
    33 of the European Convention for the Protection of Human Rights and
    Fundamental Freedoms, any member of the Convention is entitled to
    bring a complaint to the Court regarding a suspected violation of the
    Convention and its Protocols by another state. The CoE member-states
    have resorted to this measure in numerous instances.

    These instances relate to six cases: Greece vs United Kingdom of Great
    Britain and Northern Ireland (two complaints form Greece against the
    United Kingdom concerning the situation in Cyprus in 1956-67), Austria
    vs Italy (six juveniles claiming that they were deprived of the right
    to fair judgment in connection with the killing of a customs officer),
    Denmark, Netherlands, Norway and Sweden against Greece (four plaintiffs
    claiming being tortured by Greek colonels), Cyprus vs Turkey (1978,
    two claimants from Cyprus claiming the violation of the rights of
    Greek-Cypriots by Turkey following the occupation of Cyprus by Turkey),
    Ireland vs the United Kingdom of Great Britain and Northern Ireland
    (twelve suspected members of the Irish Republican Army being subject
    to five forms of inhuman or degrading treatment during interrogation),
    Cyprus against Turkey (regarding the outcomes of operations in the
    northern part of Cyprus), Denamrk, France, Netherlands, Norway and
    Sweden against Turkey (1985, five applications which, pursuant to
    Chapter 25, involved Turkey's consent on the admission of individual
    petitions), Denmark vs. Turkey (the actions of the Turkish authorities
    against a Danish citizen), and Cyprus vs Turkey ( 1997, mass violation
    of human rights in northern Cyprus).

    Among the above, special attention is given to consideration of the
    Cyprus vs Turkey case. The court's judgement on this case provided
    a new significant precedent suitable for the resolution of disputes
    between states.

    The Book places a special focus on the economic aspects of conflicts.

    Alongside with the protection of human rights, economic development
    features as an essential factor which determines the ranking of
    states in the world democratic community. The reason why so many
    countries fail to gain a firm footing in the world community is that
    they are unable to break away from the 'vicious circle' of conflicts -
    poverty and a weak civil society contributes to the emergence of armed
    conflicts, while conflicts, in turn, hamper the economic progress
    and the building of democratic institutions.

    According to the World Bank's report, over the recent fifteen years,
    80% of the poorest countries of the world have been embroiled in large
    civil conflicts; in those countries where the war has already ended,
    the threat of renewal of armed confrontation five years after the
    hostilities remains as high as 40%. And, even if such countries make
    a rapid advancement under peaceful conditions, they will still take
    years and years before they can attain the pre-war economic level. It
    is beyond any doubt that without economic progress it would hardly
    be possible to attain a sustainable peace in any region.

    Chapter "Economic Aspects of Conflicts' looks into the magnitude of
    losses entailed by conflicts. In truth, one can hardly find an adequate
    measure to assess the human sufferings and the havoc inflicted by
    conflicts upon vast territories and entire countries.

    Large numbers of casualties, tens and hundreds of thousands of
    civilians expelled from their homes, shattered economies - all this
    is a logical outcome of conflicts, not to mention material damages
    that mount up to hundreds of millions, often billions of US dollars.

    According to expert evaluations, the aggregate material damage
    resulting from conflicts in the hot spots of the former Soviet Union
    totals 15 billion US dollars. Although, official representatives of
    the affected countries often speak about amounts in losses far beyond
    the above figure.

    The prolonged conflicts in the post-Soviet countries have mostly
    gone through their acute stage of hostilities onto the stage of
    economic confrontation. In their rounds of settling the conflicts,
    parties increasingly bring up the issue of compensation of the losses
    incurred by them due to the actions of the other party.

    Thus, Azerbaijan and Armenia rolled out their respective arguments
    in connection with Nagorny Karabakh, holding each other responsible
    for the material and moral damage and claiming compensations.

    On 17 March 2006, the Parliament of Georgia adopted a resolution on
    the Establishment of State Commission for evaluation of the damage
    caused to the country by the conflicts in Abkhazia and the former
    South Ossetian oblast. The resolution tasks the President of Georgia
    to set up a state commission, in order to evaluate the losses incurred
    by the country in relation with these conflicts.

    A second Parliament resolution, adopted on the same day, requests the
    President "to instruct the Georgian Government to call an international
    tender with a view to identifing a law firm that would prepare and
    bring claims to the European Court of Human Rights for the compensation
    of losses incurred by the country due to the conflicts." The initiative
    for adopting these resolutions came from the Temporary Commission on
    Territorial Integrity Issues of the Parliament of Georgia.

    In our view, the responsibility for the damage caused should rest
    with the country which, in effect, controls both of the conflict
    territories. Thus, Georgia must lodge a complaint in an international
    court against Russia to claim at least 15 billion US dollars in
    compensation of damages afflicted to the country in Abkhazia and the
    former South Ossetian autonomous oblast (which is six times the 2006
    state budget of Georgia).

    Chapter "Economic Aspects of Conflicts" provides an overview of the
    economic component of peace operations conducted under the aegis of
    the United Nations. It also looks into the efficiency of the related
    expenditures. Sadly, these peace operations, despite the large budgets,
    have been valued as little effective against the expended funds.

    It is commonly known that the World Bank attaches particular
    significance to projects oriented toward rehabilitation and economic
    development of post-conflict zones. In this respect, the Monograph
    provides an extensive account of the activities carried out by the
    World Bank.

    The importance of transition from a conflict economy to that of a
    peaceful time is hard to overestimate. In substance, this premise
    should become the cornerstone of any conflict resolution process.

    Another requirement of major significance is ensuring the maximum
    legitimization of implemented economic programs. This would serve as
    a gate-keeping mechanism to block any possibility for such programs
    to become a feeding source for unlawful regimes.

    There are a few examples of regions where after many years of abortive
    attempts, they embark on robust policies orientated towards the
    satisfaction of economic needs. Finally, they manage to break away
    from poverty and build a sustainable economic system. Such "economic
    wonders" include Northern Ireland (UK) and the South Tyrol Autonomous
    Province (Italy). The chapter dealing with the economic aspects
    of conflicts provides substantial detail regarding these regions,
    including their economic growth rates and potential.

    The Temporary Commission on Territorial Integrity Issues of the
    Parliament of Georgia suggests an idea of a concrete project
    aimed at the economic rehabilitation of conflict zones. The
    project called "Product form the conflict zone', focuses on active
    involvement of broad groups of population within conflict zones in the
    income-generating activities, coupled with setting up a special market
    segment to allow the sale of locally produced goods and products.

    Chapter "Economic Aspects of Conflicts" devotes special place
    to a detailed description of the goals and objectives of this
    project, including its implementation strategies. In the view of the
    Parliamentary Commission, its realization should initially start with
    a pilot project in the Georgian-Ossetian conflict zone. Favouring this
    conclusion is the fact that a large-scale rehabilitation supported by
    international donors is about to get underway in this territory. Hence,
    conditions here would be better suited for the development of intensive
    economic activities. What's more, Georgian and Ossetian villages in
    this zone are located literally side by side, which obviously provides
    another prerequisite for a fuller integration of these communities
    through economic activities.

    The aim of the "Product form the Conflict Zone" project is to create a
    favourable economic climate in the Tskinvali conflict region in order
    to contribute to the re-building of traditional relations between
    the conflict-torn communities and establishing a lasting peace.

    The book aims to demonstrate that both the onset and further evolution
    of the conflict are, indeed, predictable. It provides an account of
    the material and human toll already taken by the current conflicts,
    together with the threats they pose to regional stability.

    In the authors' opinion, activation of the international judicial
    mechanism holds an important potential for conflict-resolution. The
    authors' prevailing motive in presenting substantial information
    regarding the structure of international courts, as well as stressing
    the need to expand their scope of competence and analyzing selected
    precedents of the case law, was to emphasize the ultimate usefulness
    of such structures and outline the efficient ways of drawing on these
    benefits, given Georgia's reality.

    Human rights and freedoms, and the economic development are the two
    factors most readily prone to the devastating effect of any conflict.

    Destructive by nature, these processes are most intricately intertwined
    and invariably spread beyond the confines of local significance. With
    this in mind, the monograph concentrates just on these two major
    directions: the economy and human rights protection.

    The analysis of conflicts presented in the book allowed to single out
    the individual and specific features of each conflict. An objective
    approach to the interpretation of the developments underway in Georgia
    must demonstrate to the international community that restoration
    of this country's territorial integrity and returning the conflict
    zones to the fold of Georgia's authority will be tantamount to the
    restoration of an essential system of values in the eyes of the
    civilized world.
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