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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
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