Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Georgia v. Russian Federation) - Fixing of the time-limit for the filing of a written statement by

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. 2009/35
18 December2009

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

Fixing of the time-limit for the filing of a written statement by Georgia on the

preliminary objections to jurisdiction raised by the Russian Federation

THE HAGUE, 18December 2009. The Interna tional Court of Justice (ICJ), the principal
judicial organ of the United Nations, has fixed the time-limit for the filing, by Georgia, of a written

statement of its observations and submissions on th e preliminary objections to jurisdiction raised
by the Russian Federation in the case concerning Application of the International Convention on
the Elimination of All Forms of Racial Discrimination (Georgia v. Russian Federation).

The Russian Federation presented its prelimin ary objections on 1 December 2009. Pursuant
to Article79, paragraph5, of the Rules of Court, the proceedings on the merits were then

suspended.

By an Order of 11December2009, the Court fixed 1April2010 as the time-limit for the
filing of Georgia’s written statement on the preliminary objections. The Parties had agreed on a
time-limit of four months from the filing of the preliminary objections for the presentation of the

written statement. 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
14 August2008, Georgia, referring to Article 41 of the Statute of the Court and to Articles 73, 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 prot ect 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”. - 2 -

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.

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.

By an Order of 2December 2008, the President of the Court, taking account of the
agreement of the Parties, fixed time-limits for the filing of the initial written pleadings in the case.
The time-limit for the filing of a Memorial by Georgia was fixed as 2September 2009, and the

time-limit for the filing of a Counter-Memorial by the Russian Federation was fixed as 2 July 2010.
The Memorial was filed within the time-limit thus prescribed.

On 1December 2009, within the time-limit set in Article79, paragraph1, of the Rules of

Court, the Russian Federation, as indicated above, filed certain preliminary objections regarding
jurisdiction.

___________

The full text of the Order 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:

Mr. Andrey Poskakukhin, First 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, Associate Information Officer (+31 (0)70 302 2394)
Ms Barbara Dalsbaek, Administrative Assistant (+31 (0) 70 302 2396)