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Florida Journal of International Law

Abstract

This Article analyzes the legality of the stated Russian justification for invading Georgia—defense of its citizens. This Article will first provide a background on the conflict in South Ossetia. The Article will then examine the law applicable to a state’s defense of its nationals abroad. Finally, it will apply the law and historical examples to determine the legality of the Russian invasion. While it is recognized that there may be additional justifications for the Russian invasion, this Article focuses primarily on the defense of nationals abroad justification. It evaluates both Russia’s claim that some South Ossetian residents were its citizens, as well as the legitimacy of the claim that it acted in their defense. This Article applies the known facts of the invasion to the international law that allows state armed attacks in certain limited circumstances and compares it to other invasions that have used a similar justification.

This Article raises numerous questions regarding the legitimacy of Russia’s justification for invading Georgia. For example, does Russia’s responsibility to protect its nationals abroad trigger a right to an invasion? Is an invasion proportional to Russia’s inhabitants of South Ossetia, an internationally recognized Georgian territory, enough justification for Russia to invade Georgia? Does Georgia’s failure to protect Russian citizens when using armed aggression to regain control of South Ossetia justify Russia’s invasion? These questions must be analyzed in determining whether Russia was justified in invading Georgia to protect its citizens. Ultimately, this Article concludes that Russia’s invasion of Georgia was not legitimate because it violated international law.

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