An analysis of the choice and use of weapons by Russia and Georgia in the 2008 South Ossetia conflict
type: CreativeWork
description: In this minor dissertation, the use and choice of weapons employed during the armed conflict between Georgia and Russia in 2008 over South Ossetia will be analysed. Due to the fact that cluster munitions were used by both parties, and that they are a controversial weapon with regard the principles regulating the use and choice of weapons, section I of this dissertation will focus on them and their regulation in international law. Section II will focus on the facts concerning the 2008 conflict over and South Ossetia. Section III will look at the international humanitarian laws applicable and relevant to this dissertation. In sections IV, V, and VI arguments will be raised in order to attribute violations of international humanitarian law to Georgia, while countering foreseeable arguments which could be invoked against Russia. This dissertation will therefore only analyse the provisions when they are pertinent to that aim. The desired outcome of proceeding in such a manner is that since both the viewpoints of the claimant and the defendant will be analysed, an extended and well-rounded view on the law, its interpretation, controversies, opinions of established scholars and jurisprudence, will be given. The relevant principles relating to the use and choice of weapons which will be analysed are: the principle of discrimination (section IV), the principle of proportionality (section V), as well as the prohibition to cause superfluous harm (section VI). Certain specific issues such as human shields will also be looked at in the analysis of a particular attack. In the analysis of this conflict, both well-established arguments, as well as controversial or disputed ones, will be presented in order to support either side. This analysis will argue that Georgia violated international humanitarian law, while defending Russia's conduct, however, the arguments presented will remain coherent and not contradict each other. This paper's scope will be limited to analysing attacks whi…
abstract: In this minor dissertation, the use and choice of weapons employed during the armed conflict between Georgia and Russia in 2008 over South Ossetia will be analysed. Due to the fact that cluster munitions were used by both parties, and that they are a controversial weapon with regard the principles regulating the use and choice of weapons, section I of this dissertation will focus on them and their regulation in international law. Section II will focus on the facts concerning the 2008 conflict over and South Ossetia. Section III will look at the international humanitarian laws applicable and relevant to this dissertation. In sections IV, V, and VI arguments will be raised in order to attribute violations of international humanitarian law to Georgia, while countering foreseeable arguments which could be invoked against Russia. This dissertation will therefore only analyse the provisions when they are pertinent to that aim. The desired outcome of proceeding in such a manner is that since both the viewpoints of the claimant and the defendant will be analysed, an extended and well-rounded view on the law, its interpretation, controversies, opinions of established scholars and jurisprudence, will be given. The relevant principles relating to the use and choice of weapons which will be analysed are: the principle of discrimination (section IV), the principle of proportionality (section V), as well as the prohibition to cause superfluous harm (section VI). Certain specific issues such as human shields will also be looked at in the analysis of a particular attack. In the analysis of this conflict, both well-established arguments, as well as controversial or disputed ones, will be presented in order to support either side. This analysis will argue that Georgia violated international humanitarian law, while defending Russia's conduct, however, the arguments presented will remain coherent and not contradict each other. This paper's scope will be limited to analysing attacks whi…
author: Watzlawick, Annatina
language: eng
date published: 2016
date modified: 2026-07-22T22:23:39Z
provider: University of Cape Town
publisher: Networked Digital Library of Theses and Dissertations
type: WebPage
source organization: Department of Public Law

PropertyValue
property ID: Handle
value: http://hdl.handle.net/11427/20804