DECREE No 402 OF THE PRESIDENT OF GEORGIA Declaration of the war situation and full mobilization on the entire territory of Georgia

During the last days the situation has been extremely escalated on the territory of the former Autonomous Oblast of the South Ossetia. There take place mass violations of the Human Rights and Freedoms, armed attacks of the peaceful population and facts of violence from the side of the Separatists. As a result of these actions, there are casualties in peaceful population and peacekeepers. Tens of people have been wounded. The property of peaceful population has been destroyed.

Despite of the decision of the Georgian authorities – to introduce a unilateral ceasefire and an offer – to hold peace negotiations, separatists conducted massive attack against the peaceful population on the 7^th and 8^th of August. The Georgian authorities took the necessary and adequate measures to put an end to the armed attack.

The actions, which took place on the territory of Georgia, were actively supported by the Russian Federation. Namely, on the 8^th of August from the side of the Russian Federation, via Rocki tunnel, hundreds of armed personnel and military equipment entered Georgia.

On the 8^th of August, during a day, the airplanes of the Russian military forces, had several times violated the Georgian air space and conducted bombing of Kareli, Gori and their adjacent villages, as well as bombing of villages of Tskhinvali region, Vaziani military base and Marneuli military airport, which was followed by casualties among the peaceful population and was caused damage to the buildings. Later, there was also bombed the Senaki airport, the military airport and the railway station, also Poti port, shipbuilding plant and the railway connection. On the 9^th of august was bombed Kopitnari airport, the railway station of the city of Gori and the residential houses that was followed by the casualties in the peaceful population. During the recent hours Russia started to take aggressive actions also against the direction of Abkhazia.

The majority of the mentioned territories are located 200-300 km. from the Tskhinvali region. Consequently, the aggressive actions, taken by Russia, have gone considerably beyond the conflict territory and covered in fact, entire Georgia.

Based on the above-mentioned, we face the fact of armed attack of the Russian Federation against Georgia, which is of indirect, as well as of direct nature.

The indirect attack was expressed by the full support to the separatist forces, their provision with military equipment and ammunition, the occupation by the officials from the Russian Federation of the top positions (Minister of Defense, Minister of Interior, Secretary of Security Council, Prime-Minister) in the self-declared republic of South Ossetia. The direct attack of the Russian Federation was expressed in conducting of active, intensive and continued hostilities, among them by regular violations of the Georgian air space and mass bombings, also were used the Black Sea military forces and the land troops. These actions, by their nature and scale, are in full compliance with the internationally defined “armed attack” and it shall be qualified this way.

In the mentioned circumstances, replying to the existing threat, an only adequate and necessary measure in compliance with the 98^th Article of the Constitution of Georgia, the 51^st Article of the UN Charter and International Common Law is application of the Right to Defense.

So, there is necessity to use the force, which will be proportionate with an attack, conducted against Georgia and will be directed for putting an end to the armed attack and for avoiding the escalation of the situation.

Based on the above-mentioned situation, for putting an end to the destabilization of the region, attack of the peaceful population and facts of violence, for providing for protection of the Human Rights and Freedoms, in compliance with the subparagraph “G” of the first paragraph of the Article 73 of the Constitution of Georgia, the Article 98 and the first paragraph of the Article 100, in accordance with the law of Georgia “On the War Situation” and subparagraph “a” of paragraph 6 of the law of Georgia “On Mobilization”:

1. To declare war situation on the entire territory of Georgia.

2. To define the duration of 15 war situation by 15 days.

3. In relation with the war situation, to declare full mobilization and to put an end to the armed attack to use the military forces of Georgia.

4. The order shall be immediately published by means of Mass Media and afterwards (during one day) to broadcast it by means of the Public Broadcasting each two hours.

5. The order shall be submitted for the approval of the Parliament of Georgia within 48 hours.

6. The Minister of Foreign Affairs of Georgia (E.Tkeshelashvili) shall immediately inform about the declaration of the war situation, the Secretary General of the UN, the Secretary General of the Council of Europe, other international organizations and heads of diplomatic missions, accredited in Georgia.

7. The order shall be enforced upon the signature and shall be immediately published in the official printed media.

August 9, 2008, city of Tbilisi

Mikheil Saakashvili

(www.parliament.ge)