Human rights — Treaties — Interpretation of human rights treaties — Compromissory clauses — Convention on the Elimination of All Forms of Racial Discrimination, Article 22 — Whether imposing preconditions on the seisin of the International Court of Justice — Scope of application of Convention — Whether applicable extraterritorially — Conflict between Georgia and Russian Federation in 2008 — Allegations of ethnic cleansing in Abkhazia and South Ossetia — Whether dispute regarding the interpretation or application of the Convention

International Court of Justice — Provisional measures of protection — Criteria for indication of measures — Prima facie basis for jurisdiction — Application by Georgia against Russian Federation — Convention on the Elimination of All Forms of Racial Discrimination, Article 22 — Whether prima facie basis for jurisdiction — Measures must be designed to protect rights which might form the subject-matter of a judgment — Requirement of urgency

International Court of Justice — Jurisdiction — Consent of States as basis of jurisdiction — Dispute — Definition of dispute — Convention on the Elimination of All Forms of Racial Discrimination, Article 22 — Types of dispute covered by Article 22 — Conflict between Georgia and Russian Federation in 2008 — Whether dispute between the Parties regarding the interpretation or application of the Convention — Date on which dispute came into existence — Whether Article 22 imposing preconditions on seisin of the Court — Requirement of negotiations — Relationship between decision on prima facie basis of jurisdiction at provisional measures stage and definitive ruling on jurisdiction — Whether compromissory clauses in human rights treaties requiring different approach to interpretation

International organizations — United Nations — Security Council — Exchanges between States in meetings of Security Council — Whether capable of establishing existence of dispute — Whether capable of constituting attempt to resolve dispute by negotiation

Treaties — Interpretation — Principles of interpretation — Principle of effet utile — Role within framework of treaty interpretation — Human rights treaties — Compromissory clauses — Convention on the Elimination of All Forms of Racial Discrimination, Article 22 — Approach to interpretation

War and armed conflict — International armed conflict — Conflict between Georgia and Russia in 2008 — Conflicts in Abkhazia and South Ossetia — Ethnic cleansing — Whether giving rise to dispute within Convention on the Elimination of All Forms of Racial Discrimination, Article 22

Aliens — Expulsion — Collective expulsion — Arrests and detention — European Convention on Human Rights — Protocol No 4 — Prohibition of arbitrary expulsion — Arbitrary nature of collective expulsion and arrests which preceded it — Russian expulsion of Georgian nationals in 2006

Claims — Local remedies rule — Application in human rights cases — European Convention on Human Rights, Article 35(1) — Inter-State case — Allegation of administrative practice in violation of the Convention

Human rights — Aliens — Expulsion — Collective expulsion — Arrests and detention — Deprivation of liberty — Protection against arbitrary treatment — Conditions of detention — Whether amounting to inhuman and degrading treatment — Duty to provide a remedy — Discrimination — European Convention on Human Rights, Articles 3, 5, 13 and Article 4 of Protocol No 4 — Rule on exhaustion of domestic remedies — European Convention on Human Rights, Article 35(1) — Applicability in inter-State case — Administrative practice allegedly in violation of the Convention

International tribunals — European Court of Human Rights — Jurisdiction — Procedure — Decisions on admissibility — Joinder of issues to the merits

Human rights — Treaties — Scope of application — European Convention on Human Rights, Article 1 — Application during international armed conflict — Application to State in respect of events outside territory of that State — Rule on exhaustion of domestic remedies — European Convention on Human Rights, Article 35(1) — Applicability in inter-State case — Administrative practice allegedly in violation of the Convention — Conflict between Georgia and Russian Federation in 2008 — Joinder of issues to the merits — Six-month time limit — Similarities between case and case before International Court of Justice

Claims — Local remedies rule — Application in human rights cases — European Convention on Human Rights, Article 35(1) — Inter-State case — Allegation of administrative practice in violation of the Convention

International tribunals — European Court of Human Rights — Jurisdiction — Procedure — Decisions on admissibility — Joinder of issues to the merits

War and armed conflict — Applicable law — Relationship between international humanitarian law and human rights law — European Convention on Human Rights

Claims — Evidence — Human rights claims — Admissibility of evidence — Burden of proof — European Court of Human Rights — Effect of role of the Court on approach to evidence — Absence of formal rules on admissibility of evidence — Circumstances in which burden of proof shifts to government — Injury and death in custody

Human rights — Treaties — Scope of application — European Convention on Human Rights, Article 1 — Application during international armed conflict — Application to State in respect of events outside territory of that State — Relationship between Convention and international humanitarian law — Arrest and detention — Article 5 — Detention of prisoner of war under Third Geneva Convention, 1949 — Detention of civilian on security grounds under Fourth Geneva Convention, 1949 — Whether compatible with Article 5 — Article 2 — Extent of duty to investigate death

International tribunals — European Court of Human Rights — Role and function — Evidence — Burden of proof

Treaties — Interpretation — Vienna Convention on the Law of Treaties, 1969, Article 31(3) — Human rights treaties — European Convention on Human Rights — Subsequent practice — Relevance of other rules of international law applicable between the parties — Relationship between Convention and rules of humanitarian law — Practice of States party to the European Convention involved in international armed conflict — Absence of derogations from the Convention

War and armed conflict — International armed conflict — Relationship between international humanitarian law and human rights law — Prisoners of war — Civilians — Arrest and detention — Whether detention in accordance with Third Geneva Convention or Fourth Geneva Convention contrary to Article 5(1) of the European Convention on Human Rights

Human rights — Treaties — European Convention on Human Rights — Participation — European Union — Draft agreement for accession of European Union to European Convention on Human Rights — Whether compatible with European Union law — Autonomy of European Union legal order — European Union not to be equated to a State

International organizations — Personality — Responsibility — Division of functions between organization and members — European Union — Accession to the European Convention on Human Rights — Attribution of acts to Member States or the Union — Question of European Union law — Autonomy of European Union legal order

International tribunals — Court of Justice of the European Union — European Court of Human Rights — Proposed accession of European Union to European Convention on Human Rights — Degree to which judgments of the European Court of Human Rights to bind European Union and its institutions — Procedure — Co-respondent procedure — Mechanism for prior involvement of Court of Justice of the European Union

States — Characteristics — European Union — European Union not a State — Proposed participation in the European Convention on Human Rights