Three main legal reasons that make it impossible to declare Georgia a neutral state

9 April, 2022

The public and political debate over Georgia's neutrality was devoid of major focus, as a lack of substantiated arguments or populist statements prevailed over the issue. Today, 33 years after the tragedy of April 9 and 31 years since the restoration of Georgia's independence, a thorough analysis of the problems and challenges facing the country leaves no room for political spectrum or some part of the public to discuss the benefits of declaring neutrality. Kale Uridia, a lawyer of the organization “Young Barristers”, explains this.

In parallel with the difficult geopolitical situation, the discussion on the neutrality of the country became relevant in Georgia. There is an opinion that Georgia should declare neutrality, not interfere in the current events and be a passive observer. It is important to evaluate the existing debate in the legal context. In particular, do existing legislative regulations and political realities allow the state to declare neutrality or, in general, does the idea have a legal perspective?

The preamble to the Constitution of Georgia declares the unwavering will of the citizens of Georgia to have peaceful relations with other peoples, which is crucial for a democratic and civilized world, however, this does not necessarily mean that the existing record indicates the neutrality of the country. Any state chooses peace, but it is not imperative, that such aspiration be necessarily achieved through political neutrality.

According to Kale Uridia, the declaration of neutrality is related to several important issues, the cumulative existence of which is necessary for the neutrality declared by the state to be effective:

First - the state seeking neutrality must be united, no military units or weapons of other states must be located on its territory. According to Article 1 (1) of the Constitution of Georgia: "Georgia is an independent, united and indivisible state" Georgia was a united and indivisible state, but today, more than 20 percent of our country is occupied by the Russian Federation. The Law on the Occupied Territories is in force in Georgia. Russian military units are stationed in the occupied regions, making it impossible to declare neutrality. If this context is ignored, Georgia can declare neutrality in the territories under its legal control, which directly means that the state voluntarily renounces the territorial integrity of the country.

Second-The most important factor is Article 78 of the Constitution of Georgia, according to which: "Constitutional bodies shall take all measures within their powers to ensure the full integration of Georgia into the European Union and the North Atlantic Treaty Organization." The existing record means that all constitutional bodies are obliged to do everything possible to make Georgia a member of NATO and the European Union. This means that the Georgian Defense Forces must take part in NATO peacekeeping missions and other exercises to bring the country's military readiness closer to NATO standards. The named article of the Constitution makes it impossible to declare the neutrality of the country. It is true that the Constitution can be changed, but according to Article 77 (4) of the Constitution: "A constitutional law shall be submitted to the President of Georgia for signature within the time limit set by Article 46 of the Constitution, if supported by at least three quarters of the full parliament." As of today, no political force in Georgia has a sufficient mandate to make such changes. Consequently, in this regard, it is impossible to remove the entry in the Constitution of Georgia, which in itself makes it impossible to declare neutrality.

Third-Neutrality requires recognition by neighboring states. Declaration of neutrality requires political support and appropriate guarantees. For example, as it is in Switzerland. Neighboring states are also represented as a guarantor of Swiss neutrality. In our case, it is inconceivable that any country should be a guarantor of Georgia's neutrality. Armenia and Azerbaijan have their own territorial conflict. Turkey is a member of NATO, but from a geopolitical point of view, it is always closely monitoring Russia's capabilities in the region and will not openly confront it. The Russian Federation can never be considered a guarantor of Georgia's neutrality. Georgia's state path is familiar with the discussion of neutrality. A clear example of this is the Act of Independence of Georgia adopted by the Constituent Assembly in 1918, where we read: "Georgia is a permanent neutral state in international warfare." Clearly, this type of policy has not worked. Georgia declared independence in 1918, and on February 21, 1921, Russia annexed Georgia, replacing the country's European choice with the loss of 70 years of statehood.

Georgia, from a legal point of view, can not become a neutral state. Today it is not possible - neither the legislation, nor the territorial integrity, nor the geopolitical mood. Politicians should stop speculating on this issue, as the issue of Georgia's neutrality does not stem from national interests.



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