Practice Relating to Rule 89. Violence to Life
Under Georgia’s Criminal Code (1999), in international or internal armed conflicts, it is a crime to wilfully kill persons not taking part in hostilities, persons hors de combat
, the wounded and sick, prisoners of war, civilians and the civilian population in an occupied territory or zone of combat, refugees and stateless persons, as well as other persons enjoying international protection.
The Code also states that, any war crime provided for by the 1998 ICC Statute, which is not explicitly mentioned in the Code, such as violence to life of those placed hors de combat
by detention in non-international armed conflicts, is a war crime.
In 2012, in its fourth periodic report to the Human Rights Committee, Georgia stated:
During the armed conflict of August 2008 between Russia and Georgia, the right to life was largely violated. In this respect, competent Georgian authorities have initiated and are conducting [an] investigation of grave crimes allegedly committed during and [in the] aftermath of [the] armed conflict. The investigation conducted by Georgian authorities is not limited to the allegations of crimes by only one party to the conflict. Rather, it covers any and all facts which have come to the attention of the Chief Prosecutor’s Office of Georgia through the claims of victims or through other ways of crime-reporting.