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Tuesday, 19 July, 2022
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Interagency Commission on International Humanitarian Law Approves the 2022-2023 Action Plan for Implementation of International Humanitarian Law

The document envisages the implementation of the International Humanitarian Law (IHL), raising awareness about it, and fulfilling the obligations undertaken by Georgia at the 33rd International Conference of the Red Cross and Red Crescent. The action plan was discussed today at the session of the Interagency Commission.

The 2022-2023 Action Plan for the Implementation of International Humanitarian Law is a guiding tool for agencies and partners that serves several purposes:

  • Study and refinement of the legal framework in terms of taking into account the principles of international humanitarian law;
  • Raising awareness about IHL;
  • Fighting and preventing sexual violence and gender-based violence in conflict and post-conflict periods, disasters and other emergency situations;
  • Training of medical and non-medical personnel, operators of disaster management centers in emergency medical services;
  • Emergency management and risk reduction;
  • Ensuring the strengthening of the security of volunteers; deepening international cooperation.

At the end of the session, the Interagency Commission of International Humanitarian Law held a presentation of a study prepared with the support of the International Committee of the Red Cross on persons missing as a result of the armed conflict.

Deputy Minister of Justice, Beka Dzamashvili opened the event. The session was attended by representatives of state agencies, the delegation of the International Committee of the Red Cross in Georgia and the Red Cross Society of Georgia.

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According to the Strasbourg Court, Publicly Made Insulting, Obscene, and Degrading Statements Fall Outside the Scope of Freedom of Expression

The European Court of Human Rights in Strasbourg upheld the position of the Ministry of Justice in the case of Miladze v. Georgia, confirming that publicly made insulting, obscene, and degrading statements directed at public officials are not protected under the right to freedom of expression.

The case concerned a video published on the social media platform TikTok in 2022, in which the applicant, civil activist Irakli Miladze, used obscene and insulting language toward the Mayor of Tbilisi, City Hall employees, and police officers. As a result, the national courts imposed a fine of 500 GEL, the minimum penalty provided for by law.

The Strasbourg Court unanimously held that the applicant’s statements did not amount to political criticism or the expression of views on a matter of public interest. According to the Court’s assessment, the language used was intended primarily to humiliate and insult public officials.

The Court also agreed with the reasoning of the national courts, noting that they had properly distinguished between harsh political criticism, which is protected in a democratic society, and personal insults, which are not. The judgment further emphasized that the sanction imposed on the applicant was minimal and proportionate, as he received only the lowest fine available under the law.

Today’s ruling by the Strasbourg Court reaffirmed an important principle: freedom of expression is one of the fundamental values of a democratic society and protects even strong and offensive criticism; however, it does not extend to humiliating or personally insulting statements directed at others, including public officials and civil servants.

The judgment further underscores that the state is entitled to protect political officials and public servants from unjustified verbal abuse and insults, ensuring that they are able to perform their duties in an environment free from attacks that undermine their dignity.

The Court’s assessment once again highlights the fundamental importance of freedom of expression, while clearly establishing that the exercise of this right — particularly on the internet and social media platforms — must not infringe upon the dignity and rights of others.