LegalGELegalGE
...

War Crimes Defense

Is there a statute of limitations for war crimes?

No, under international law and Georgian legislation, there is no statute of limitations for war crimes and crimes against humanity.

Does following orders exempt one from liability?

No, executing a manifestly unlawful order (e.g., killing a civilian) does not exempt a person from criminal liability, although it might be considered a mitigating circumstance.

Can the ICC prosecute a Georgian citizen?

Yes, since Georgia is a party to the Rome Statute, the International Criminal Court has jurisdiction over war crimes committed in Georgia or by Georgian citizens.

What is the penalty?

Penalties range from long-term imprisonment to life imprisonment, depending on the severity of the crime.

Reading Time

2 min

Published

...

War Crimes Defense and violations of humanitarian law represent the most serious category of criminal offenses under Articles 411-413 of the Criminal Code of Georgia. These crimes involve acts committed during armed conflicts, such as mistreatment of civilians or prisoners of war, use of prohibited warfare methods, and breaches of International Humanitarian Law (Geneva Conventions). Charges can be brought against both military personnel (from privates to generals) and civilians. Such cases often have high international resonance and can be tried in both national courts and the International Criminal Court (ICC). Legal.ge offers access to highly qualified lawyers experienced in international criminal law who can provide effective defense in this extremely complex category of cases.

What does this service cover?

The defense strategy is based on a comprehensive analysis of international and national law:

  • Case Analysis: Examining the grounds of the accusation through the lens of International Humanitarian Law (IHL).
  • Defense during Investigation: Protecting client rights during interrogation and gathering evidence.
  • Military Expertise: Engaging independent experts to determine if the military action was driven by necessity.
  • Court Representation: Defense in Georgian common courts, including jury trials (if applicable).
  • Cooperation with ICC: Legal assistance in procedures related to the International Criminal Court in The Hague.
  • Political Aspect Management: Assessing risks of case politicization and building defense strategy accordingly.

Common Scenarios and Charges

War crimes charges may concern:

  • Commanders: Responsibility for crimes committed by subordinates (Command Responsibility).
  • Soldiers: Executing illegal orders or violence against prisoners.
  • Volunteers: Members of irregular formations operating in conflict zones.

Georgian Legal Framework

Crimes are defined by the Criminal Code of Georgia (Chapter XLVII - Crimes Against Humanity). Additionally, the 1949 Geneva Conventions and their Additional Protocols, as well as the Rome Statute, apply directly. Georgia recognizes universal jurisdiction for certain crimes, meaning prosecution can occur regardless of where the crime was committed.

Step-by-Step Process

The defense process begins with studying the indictment. The lawyer investigates whether the act had military necessity and adhered to the principle of proportionality. Defense arguments and witness testimonies are prepared. Given the specifics, the process can be lengthy and involve international experts.

Why Legal.ge?

Defending against war crimes requires specific knowledge beyond ordinary criminal law. Legal.ge connects you with lawyers who understand the nuances of the Law of War (Jus in Bello) and can protect your rights at both local and international levels.

Updated: ...

Specialists for this service

Loading...