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Stop Human Rights Abuses
About this report
Table of Contents
Up In Flames
January 23, 2009

                                              Up In Flames                                             

Humanitarian Law Violations and Civilian Victims in the

Conflict over South Ossetia

Map of South Ossetia
Executive Summary
Overview..
Brief Chronology of the Armed Conflict
Violations by Georgian Forces
Violations by Russian Forces
Violations by South Ossetian Forces
Use of Cluster Munitions
International Responses to the Conflict
Methodology
Part 1: Background
1.1 Background on South Ossetia
1991-92 Conflict in South Ossetia
2003-06: New Leadership in Georgia, New Agenda for Recovering South Ossetia
2006-08: Tensions Rise between Russia and Georgia
The Lead-up to the August 2008 War
The Fighting and Immediate Political Aftermath
1.2 International Legal Framework
International Humanitarian Law Governing Hostilities
Basic Principles of International Humanitarian Law..
Individual Criminal Responsibility
Position of Peacekeepers under International Humanitarian Law..
Law on Occupation and Effective Control
Right to Return
Part 2: Violations by Georgian Forces
2.1 Overview..
2.2 Indiscriminate Shelling of Tskhinvali and Outlying Villages
Tskhinvali
Civilians Killed in Shelling
2.3 Attacks by Georgian Forces on Civilians Fleeing the Conflict Zone
Attacks on vehicles and international humanitarian law..
2.4 Georgian Forces' Ground Offensive
The Conduct of Georgian Troops during the Ground Offensive
2.5 Georgia's Use of Cluster Munitions
How Georgian Clusters Landed in Gori District
Civilian Casualties from M85s
2.6 Russian Allegations against Georgia of Genocide and Other War Crimes
Political Statements and Russian Criminal Investigation
Russia's Allegations Not Supported by Available Evidence
2.7 The Issue of Civilian Casualties in South Ossetia
Early Figures from Russian and South Ossetian Officials not Borne out
Erroneous Georgian Figures for South Ossetian Civilian Casualties
Human Rights Watch and Casualty Figures
2.8 Georgian Detentions and Ill-Treatment of Ossetians
Ill-Treatment at the Time of Arrest
Conditions of Detention
Possible Enforced Disappearance
Part 3: Violations by Russian Forces
3.1 Overview..
3.2 Aerial Bombardments, Shelling, and Artillery Attacks
Attacks on Ethnic Georgian Villages in South Ossetia
Attacks in Undisputed Georgian Territory
3.3 Russia's Use of Cluster Munitions103
Evidence of Russian Cluster Use104
3.4 Tank Attacks on Civilian Homes114
3.5 Attacks by Russian Forces on Civilians Fleeing the Conflict Zone115
3.6 Pillaging, Destruction, Violence, and Threats against Civilians120
3.7 Russia's Responsibility as Occupying Power123
In South Ossetia124
In Gori District126
Part 4. Violations by South Ossetian Forces
4.1 Overview.. 127
4.2 Attacks on Georgian Civilians and Their Villages in South Ossetia130
Looting and Burning of Villages130
Alleged Extrajudicial Killings in the Course of Village Burnings142
Some Ossetian Villagers Not Immune from Looters143
Situation in Akhalgori District147
Position of de facto South Ossetian Officials toward Looting and House Burning151
The Displaced Georgian Population's Right to Return152
4.3 South Ossetian Abuses in Undisputed Georgian Territory154
Summary Executions154
Rape159
Abductions162
Pillage and Destruction of Civilian Property163
4.4. Execution, Illegal Detentions, Ill-Treatment, and Degrading Conditions of Detention by Ossetian Forces, at times with Russian Forces170
Legal Status of and Protections for Individuals Detained by Ossetian and Russian Forces171
Ill-treatment at the Time of Arrest and during Transfer to Custody, and an Execution173
4.5 Execution, Torture, and Other Degrading Treatment of Georgian Prisoners of Warby Ossetian Forces, at times with Russian Forces185
Beatings and Humiliation during Initial Days of Detention186
Execution of Three Georgian POWs188
Torture and Ill-Treatment by Ossetian Police190
Part 5: International Scrutiny of Rights Violations in the Conflict
International Inquiry Commissioned by the European Union195
Complaints to International Courts196
Recommendations199
To the Georgian Government199
To the Russian Government200
To the de facto South Ossetian Authorities201
To the International Inquiry Commissioned by the European Union202
To the Council of Europe202
To the European Union203
To the United States Government204
Acknowledgements205
Appendix206