From 20 to 22 October 2025, International Criminal Court (ICC) Deputy Prosecutor Nazhat Shameem Khan conducted an official visit to Georgia to further deepen cooperation with national authorities, civil society, and affected communities and victims, and to heighten public awareness of the three outstanding arrest warrants in the Situation in Georgia.
The Office of the Prosecutor opened an investigation in the Situation in Georgia in 2016 in relation to alleged Rome Statute crimes committed in the context of the 2008 armed conflict involving armed forces belonging to Georgia, the de facto administration of South Ossetia, and the Russian Federation. In June 2022, Pre-Trial Chamber I issued warrants of arrest against officials of the de facto South Ossetian administration, including its Minister of Internal Affairs Mr Mikhail Mayramovich Mindzaev; the Head of the preliminary detention facility of the Ministry of Internal Affairs, Mr Gamlet Guchmazov; and the Presidential Representative for Human Rights, Mr David Georgiyevich Sanakoev (also known as the Ombudsman) over alleged war crimes related to the unlawful confinement, mistreatment and subsequent hostage taking and unlawful transfer of civilians.
The Office alleges that the suspects bear criminal responsibility for the unlawful confinement of at least 171 actual or perceived Georgian civilians in August 2008, including women and the elderly, as well as the mistreatment of many of these persons while in captivity, and their subsequent unlawful transfer out of the territory occupied by Russian forces. This transfer was carried out in a so-called "exchange" for persons held by the Georgian authorities. It is alleged that these crimes were committed as part of a policy of destruction of Georgian enclaves and removal of Georgian civilian life from villages in the area of Tskhinvali, the de facto capital and seat of South Ossetian de facto administration.
In her second visit to Georgia following a visit in 2022, Deputy Prosecutor Khan held meetings with Georgian government officials, members of the diplomatic corps, and civil society organisations in Tbilisi. She also visited settlements in Koda and Gori of people internally displaced by the 2008 conflict where she welcomed the opportunity to engage with affected communities and victims. She took this opportunity to inform them of the results of the investigation, describe the process before the Court following the issuance of arrest warrants, and explained that a surrender or arrest of the suspects would be necessary in order to hold a trial before the Court. She also listened to the projects they've worked on with the support of the Trust Fund for Victims (TFV). The TFV contributes to fulfilling the principles of reparative justice established in the Rome Statute by implementing measures that recognise and redress the harm caused to victims and their families by the crimes under the jurisdiction of the ICC.
Deputy Prosecutor Khan conveyed to stakeholders that the Office remains engaged in the Situation in Georgia. Emphasising the focus of the Office on pending arrest warrants, the Deputy Prosecutor reiterated that hearing the voice of the victims remains paramount, in order to adjudicate the alleged crimes committed in August 2008. The Deputy Prosecutor also indicated that should there be a confirmation of charges hearing or trial, the Court must hear from the victims, as their voice must be central in the justice process. Their security remain a priority, to allow them to safely tell their story before the Court.
In December 2022, the Office of the Prosecutor announced that it was closing the investigation phase and remains focused on the pending cases, advancing trial readiness, and preserving evidence.
"We are continuing our engagement in Georgia, which remains an important situation at the ICC. Along with our colleagues at the Registry and external partners, we are concentrating on tracking the three suspects to secure their arrests so that we can prosecute them through trials at the ICC. Within that context, witness protection remains a key focus of our efforts," said Deputy Prosecutor Khan.
"It is essential to reaffirm our close collaboration with Georgian authorities, as well as with our partners from civil society, the diplomatic community, and with survivors and victims. This will support our work to continue the pursuit of justice, which victims of atrocity crimes deserve," she added.
Deputy Prosecutor Khan renewed the call of the Office for the arrest of the three suspects or for any information that could lead to their arrest. To secure the arrests, cooperation and support from all States are essential.
"The crimes charged in the Situation in Georgia are a stark reminder of the importance of upholding international law. Civilians and non-combatants must be protected in armed conflict, and spared from harm. We will continue to seek accountability in the Georgian situation and others under our jurisdiction," Deputy Prosecutor Khan said.
Background
On 27 January 2016, ICC judges authorised the Office of the Prosecutor to commence an investigation into the Situation in Georgia, following a request to do so and the completion of a preliminary examination that started on 14 August 2008. The investigation covered crimes allegedly committed in and around South Ossetia, Georgia, between 1 July 2008 and 10 October 2008.
On 10 March 2022, the Office submitted a request to Pre-Trial Chamber I to issue warrants of arrest in relation to three individuals in the Georgia situation. On 24 June 2022, the Chamber found that there were reasonable grounds to believe that the suspects committed war crimes, and issued warrants for their arrest.
In particular, the suspects are accused of carrying out the crimes in their capacity as:
- Lt.-Gen. Mikhail Mayramovich MINDZAEV, a national of Russia, appointed in 2005 as the Minister of Internal Affairs of the de facto South Ossetian administration until at least 31 October 2008;
- Gamlet GUCHMAZOV, a national of Russia and presumably Georgia, Head of the Preliminary Detention facility of the de facto Ministry of Internal Affairs of South Ossetia at the time of events; and
- David Georgiyevich SANAKOEV, born in Tskhinvali, Georgia, de facto Presidential Representative for Human Rights of South Ossetia, also known as "Ombudsman" at the time of events.
On 16 December 2022, the Office announced the conclusion of the investigation phase in the situation in Georgia. The Prosecutor stated that beyond the pending cases, the Office will not pursue new lines of inquiry into the alleged criminal responsibility of other persons or for other conduct within the Situation in Georgia, absent a significant change in circumstances.
