Nicht einmal die, auf Seiten Georgiens stehende, EU kam in ihrer
IIFFMCG umhin festzustellen, das der georgische Angriff illegal war.
"There is the question of whether the use of force by Georgia in
South Ossetia, beginning with the shelling of Tskhinvali during the
night of 7/8 August 2008, was justifiable under international law.
It was not.
Georgia had acknowledged that the prohibition of the use of force
was applicable to its conflict in South Ossetia in specific legally bin-
ding international documents, such as the Sochi Agreement of 1992
or the 1996 Memorandum on Measures to Provide Security and Streng-
then Mutual Trust between the Sides in the Georgian-South Ossetian
Conflict.
Even if it were assumed that Georgia was repelling an attack, e.g. in
response to South Ossetian attacks against Georgian populated 23
villages in the region, according to international law, its armed response
would have to be both necessary and proportional. It is not possible to
accept that the shelling of Tskhinvali during much of the night with GRAD
multiple rocket launchers (MRLS) and heavy artillery would satisfy the
requirements of having been necessary and proportionate in order to
defend those villages.
It follows from the illegal character of the Georgian military assault that
South Ossetian defensive action in response did conform to international
law in terms of legitimate self-defence.
Seiten 22/23 der IIFFMCG der EU