Contents - Constitutional Court of Georgia

172
Michael J. Glennon
Most recently, the August 2008 Russian invasion of Georgia constituted an “invasion or attack
by the armed forces of [Russia] of the territory of [Georgia]” under paragraph 2(a), and “[a]n attack
by the armed forces of [Russia] on the land . . . forces . . . of [Georgia]” under paragraph 2(d).
The war began on August 7, when Georgia attacked Russian-backed separatists in Tskhinvali, the
capital of South Ossetia. 143 Russia responded by sending troops into South Ossetia and Abkhazia,
and then driving deep into Georgia. 144 The l979 Soviet invasion of Afghanistan constituted aggression
under several of its provisions: it was an “invasion or attack by the armed forces of [the
Soviet Union] of the territory of [Afghanistan]” under paragraph 2(a), a “[b]ombardment by the
armed forces of [the Soviet Union] against the territory of [Afghanistan]” under paragraph 2(b),
and “[a]n attack by the armed forces of [the Soviet Union] on the land... forces... of [Afghanistan]”
under paragraph 2(d). 145
In many other instances world powers besides the United States engaged in aggression, under
this definition. The l982 invasion of the Falklands constituted an “invasion or attack by the armed
forces of [Argentina] of the territory of [the United Kingdom]” under paragraph 2(a). 146 The l956
invasion by France, the United Kingdom, and Israel of Egypt during the Suez crisis represented an
“invasion or attack by the armed forces” of France, the United Kingdom, and Israel of the territory
of Egypt under paragraph 2(a), a “[b]ombardment by the armed forces” of France, the United Kingdom,
and Israel against the territory of Egypt under paragraph 2(b), and “[a]n attack by the armed
forces” of France, the United Kingdom, and Israel on the land forces of Egypt under paragraph
2(d). 147 And France’s l979 invasion of the Central African Republic, deposing Jean-Bedel Bokassa,
constituted an “invasion or attack by the armed forces” of France of the territory of the Central
African Republic under paragraph 2(a). 148
Three additional military operations, sometimes said to have been undertaken for humanitarian
reasons, also involved an “invasion or attack,” and thus aggression, under paragraph (a). These were
the l979 invasion of Uganda by Tanzania, in which forces under the command of President Julius
Nyerere deposed Ugandan dictator Idi Amin and installed Milton Obote; the l979 invasion of Cambodia
by Vietnam, deposing the despot Pol Pot; and India’s l97l invasion of East Pakistan, which put
an end to ruthless oppression, torture, rape, and looting of property. 149
Finally, North Vietnamese military actions against South Vietnam from l960 through l975 constituted
an “invasion or attack by the armed forces of [North Vietnam] of the territory of [South Viet-
143 l INDEP. INT’L FACT-FINDING MISSION ON THE CONFLICT IN GEOR., REPORT 5 (2009), HYPERLINK http://www.ceiig.ch/pdf/IIFFMCG_
Volume_I.pdf http://www.ceiig.ch/pdf/IIFFMCG_Volume_I.pdf.
144 Anne Barnard, Andrew E. Kramer & C.J. Chivers, Russians Push Past Separatist Area To Assault Central Georgia, N.Y. TIMES, Aug. l0,
2008, HYPERLINK http://www.nytimes.com/2008/08/ll/world/ http://www.nytimes.com/2008/08/ll/world/europe/llgeorgia.html;
see also supra note l42.
145 For comprehensive accounts of the Soviet invasion, see GREGORY FEIFER, THE GREAT GAMBLE: THE SOVIET WAR IN AFGHANISTAN
(2009); and EDWARD GIRARDET, AFGHANISTAN: THE SOVIET WAR (l986).
146 See generally Lawrence Freedman, The War of the Falkland Islands, 1982, 6l FOREIGN AFF. l96 (l982).
147 See generally KEITH KYLE, SUEZ: BRITAIN’S END OF EMPIRE IN THE MIDDLE EAST (2003).
148 See GLENNON, supra note l29, at 73.
149 Id. at 72-74, 80.