The Use of international court of justice as an instrument to achieve national interest in the case of Georgia v. Russian Federation

Abstract

On August 8, 2008, the Russian Federation and Georgia engaged in the open conflict known today as the Russo-Georgian War. Taking a look at the history of relations between the Russian Federation and Georgia, and also Abkhazia and South Ossetia, it is apparent that the Russian Federation was trying to achieve its national interests through the Russo-Georgian War to maximize its power. Right at the last day of the Russo-Georgian War Georgia submitted a contentious case against the Russian Federation to the International Court of Justice, and for the first time in the state’s history, the Russian Federation complies. As the contentious case’s proceeding goes on, it is shown that the Russian Federation was able to shut Georgia’s case down and in the end making sure that its actions to achieve its national interests cannot be legally disturbed. The aim of this research is to elaborate on Russian Federation’s success in maximizing its power by complying to legal measures. The findings of this research show that the Russian Federation was successful because it was able to exploit the weakness in Georgia’s case, that it lacks jurisdiction. This explains why for the first time in the state’s history, it decided to comply and going to court, because it knew it would win. With the Court’s ruling in its favor, the Russian Federation’s quest for power is complete with its maximized power legally solidified.