Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Georgia v. Russian Federation) - Fixing of time-limits for the filing of the initial pleadings

INTERNATIONAL COURT OF JUSTICE

Peace Palace, Carnegieplein 2, 2517 KJ The Hague, Netherlands
Tel.: +31 (0)70 302 2323 Fax: +31 (0)70 364 9928
Website: www.icj-cij.org

Press Release
Unofficial

No. 2008/42
4 December 2008

Application of the International Convention on the Elimination
of All Forms of Racial Discrimination
(Georgia v. Russian Federation)

Fixing of time-limits for the filing of the initial pleadings

THE HAGUE, 4 December 2008. The President of the International Court of Justice (ICJ),
the principal judicial organ of the United Nations , has fixed time-limits for the filing of the initial

pleadings in the case concerning Application of the International Convention on the Elimination of
All Forms of Racial Discrimination (Georgia v. Russian Federation).

By an Order of 2December2008, Judge Rosalyn Higgins fixed 2September2009 as the
time-limit for the filing of a Memorial by Georgia and 2 July 2010 as the time-limit for the filing of
a Counter-Memorial by the Russian Federation.

The President of the Court fixed these time-limits taking account of the agreement of the
Parties. The subsequent procedure has been reserved for further decision.

History of the proceedings

On 12 August 2008, Georgia filed an Application instituting proceedings against the Russian
Federation for “serious violations of its fundamental obligations under the International Convention
on the Elimination of All Forms of Racial Discrimination” (hereinafter “CERD”). On 14August
2008, Georgia, referring to Article41 of the Statut e of the Court and to Articles73, 74 and 75 of

the Rules of Court, submitted a request for the indication of provisional measures in order “to
preserve [its] rights under CERD to protect its citizens against violent discriminatory acts by
Russian armed forces, acting in concert with separatist militia and foreign mercenaries”.

On 15 August 2008, acting in accordance with the powers conferred upon her by Article 74,
paragraph 4, of the Rules of Court, Judge Rosalyn Higgins, President of the International Court of

Justice, addressed an urgent communication to the Parties calling upon them “to act in such a way
as will enable any order the Court may take on the request for provisional measures to have its
appropriate effects”.

On 25 August 2008, Georgia, referring to “the rapidly changing circumstances in Abkhazia

and South Ossetia”, submitted an amended request for the indication of provisional measures.
Public hearings, in the presence of both Parties, were held from 8 to 10 September 2008. - 2 -

On 15October 2008, the Court issued its Order on the request for the indication of
provisional measures submitted by Georgia. In that Order, the Court indicated inter alia that both

Parties should refrain from any act of racial di scrimination and from sponsoring, defending or
supporting such acts; that they should facilitate humanitarian assistance; and that they should
refrain from any action which might prejudice th e respective rights of the Parties or might
aggravate or extend the dispute.

___________

The full text of the Order by the President of the Court will be available shortly on the
Court’s website (www.icj-cij.org). However, written pleadings remain confidential until the Court
decides to make them accessible to the public, generally at the opening of the oral proceedings.

___________

Information Department:

Mrs. Laurence Blairon, Secretary of the Court, Head of Department (+31 (0)70 302 2336)
Messrs. Boris Heim and Maxime Schouppe, Information Officers (+31 (0)70 302 2337)

Ms Joanne Moore, Assistant Information Officer (+31 (0)70 302 2394)
Ms Barbara Dalsbaek, Administrative Assistant (+31 (0)70 302 2396)