REPRESENTATIVES OF THE GEORGIAN AND OSSETIAN SIDES,
WITH THE MEDIATION OF REPRESENTATIVES OF THE RUSSIAN
FEDERATION, AND WITH THE PARTICIPATION OF
REPRESENTATIVES OF THE REPUBLIC NORTH OSSETIA-ALANIA
AND THE ORGANIZATION FOR SECURITY AND COOPERATION IN
EUROPE (OSCE) CONDUCTED NEGOTIATIONS ON FURTHER
ADVANCEMENT TOWARD FULL-SCALE POLITICAL SETTLEMENT OF
THE GEORGIAN-OSSETIAN CONFLICT.
ASPIRING TO ELIMINATE THE CONSEQUENCES OF THE CONFLICT
AND RESTORE RELATIONS OF PEACE AND MUTUAL RESPECT
BETWEEN THE SIDES,
IN THE NECESSITY TO PUT AN END TO THE HEAVY LEGACY OF
THE PAST YEARS AND EMBARK UPON THE ROAD TOWARD THE
PEACE, TRUST AND CONSENT,
CONFIRMING OUR COMMITMENT TO THE PROVISIONS OF THE UN
CHARTER, THE BASIC PRINCIPLES AND DECISIONS OF THE
OSCE, AND GENERALLY RECOGNIZED NORMS OF INTERNATIONAL
LAW;
BEING GUIDED BY THE PRINCIPLES OF TERRITORIAL INTEGRITY
OF STATES, AND THE RIGHT OF NATIONS FOR SELF-
DETERMINATION;
STATING WITH PLEASURE THAT ON THE BASIS OF THE
AGREEMENT ON THE PRINCIPLES OF SETTLEMENT OF THE
GEORGIAN-OSSETIAN CONFLICT AND THE DEPLOYMENT OF JOINT
PEACEKEEPING FORCES IN JULY OF 1992, MILITARY ACTIONS
WERE TERMINATED IN THE ZONE OF CONFLICT;
DECLARING READINESS TO FOLLOW THE PATH OF THE
SETTLEMENT OF THIS CONFLICT IN THE SPIRIT OF MUTUAL
RESPECT AND EXCLUSIVELY THROUGH POLITICAL MEANS;
DEEMING IT NECESSARY TO TAKE STEPS LEADING TO FULL-
SCALE SETTLEMENT OF THE CONFLICT,
WE HAVE AGREED UPON THE FOLLOWING:
(1) SIDES OF THE CONFLICT REFUSE TO USE FORCE OR THE
THREAT OF FORCE, TO EXERT POLITICAL, ECONOMIC OR ANY
OTHER FORM OF PRESSURE ON EACH OTHER.
(2) SIDES WILL TAKE ALL NECESSARY MEASURES TO AVERT
AND ARREST ANY ILLEGAL ACTIONS, [TO INCLUDE THE] ABUSE
OF HUMAN RIGHTS BECAUSE OF ETHNIC ORIGINS.
(3) SIDES WILL IMPLEMENT MEASURES TO SECURE A
DIGNIFIED SOLUTION TO THE PROBLEM OF REFUGEES AND IDPS,
WHO HAVE SUFFERED AS A RESULT OF THE GEORGIAN-OSSETIAN
CONFLICT.
(4) SIDES AGREE THAT PERSONS TAKING PART IN THE ARMED
CONFLICT WHO DID NOT PERPETRATE MILITARY CRIMES, OR
CRIMES DIRECTED AGAINST THE CIVILIAN POPULATION, ARE
NOT SUBJECT TO CRIMINAL PROCEEDINGS.
IN THE NEAR FUTURE, SIDES WILL CREATE THE NECESSARY
CONDITIONS FOR LAW ENFORCEMENT AGENCIES TO INVESTIGATE
THE ABOVE-LISTED CRIMES, AND TO BRING CHARGES AGAINST
GUILTY PARTIES.
(5) SIDES NOTE WITH SATISFACTION THE POSITIVE NATURE
OF THE PRACTICE OF REGULAR MEETINGS BETWEEN
REPRESENTATIVES OF LAW ENFORCEMENT AGENCIES AND WILL
FACILITATE THEIR WORK TO IMPROVE THE CRIME SITUATION IN
THE ZONE OF CONFLICT.
(6) WITH PROGRESS TOWARD FULL-SCALE SETTLEMENT, THE
ZONE OF THE GEORGIAN-OSSETIAN CONFLICT WILL GRADUALLY
BE DEMILITARIZED ON THE BASIS OF SPECIAL AGREEMENTS.
PEACEKEEPING FORCES MAY BE DEPLOYED IN THE
DEMILITARIZED ZONE.
(7) SIDES BELIEVE IT EXPEDIENT TO ELABORATE, WITHIN
THE FRAMEWORK OF A JOINT CONTROL COMMISSION, A PLAN OF
A PHASED-REDUCTION OF THE NUMBER OF CHECKPOINTS AND
POSTS OF JOINT PEACEKEEPING FORCES, DEPLOYMENT IN
PLACES OF PERMANENT DISLOCATION, AND ORGANIZATION OF
THEIR [PKF] SERVICE, TAKING INTO ACCOUNT THE NEED TO
ENSURE THE POPULATION’S SECURITY.
(8) SIDES EXPRESS READINESS, JOINTLY AND WITH THE
ASSISTANCE OF INTERNATIONAL, INCLUDING NON-GOVERNMENTAL
ORGANIZATIONS, TO HOLD MEETINGS OF REPRESENTATIVES OF
GEORGIAN AND OSSETIAN POLITICAL AND PUBLIC
ORGANIZATIONS, SCIENTISTS, REPRESENTATIVES OF THE
RUSSIAN FEDERATION AND OTHER COUNTRIES, “ROUND TABLES”
OF REPRESENTATIVES OF THE INTELLIGENTSIA, AS WELL AS
MEETINGS WITH JOURNALISTS WITH THE AIM OF EXCHANGING
OBJECTIVE INFORMATION.
SIDES WILL ENSURE SAFE MOVEMENT AND ACCOMMODATIONS FOR
REPRESENTATIVES OF THE MASS MEDIA.
(9) SIDES WILL CONTINUE TALKS TO ATTAIN A FULL-SCALE
POLITICAL SETTLEMENT.
(10) SIDES NOTE WITH SATISFACTION THE READINESS OF THE
RUSSIAN FEDERATION TO ACT AS A GUARANTOR, OF THE
REPUBLIC NORTH OSSETIA - ALANIA, TO PARTICIPATE IN
IMPLEMENTING THE AGREEMENTS REACHED IN THE PRESENT
MEMORANDUM, AND OF THE OSCE TO ACT AS A FACILITATOR.
(11) THE PRESENT MEMORANDUM COMES INTO FORCE UPON
SIGNING.
DONE IN THE CITY OF TSKHINVALI APRIL 17, 1996.
INITIALED FOR THE GEORGIAN SIDE BY [FOREIGN MINISTER]
I. MENAGHARISHVILI; FOR THE RUSSIAN FEDERATION BY B.
PASTUKHOV; FOR THE SOUTH OSSETIAN SIDE BY V. GABARAEV;
AND FOR THE REPUBLIC OF NORTH OSSETIA BY Y. BIRAGOV;
FOR THE OSCE SIDE BY DIETER BODEN.
REPRESENTATIVES OF THE GEORGIAN AND OSSETIAN SIDES,
WITH THE MEDIATION OF REPRESENTATIVES OF THE RUSSIAN
FEDERATION, AND WITH THE PARTICIPATION OF
REPRESENTATIVES OF THE REPUBLIC NORTH OSSETIA-ALANIA
AND THE ORGANIZATION FOR SECURITY AND COOPERATION IN
EUROPE (OSCE) CONDUCTED NEGOTIATIONS ON FURTHER
ADVANCEMENT TOWARD FULL-SCALE POLITICAL SETTLEMENT OF
THE GEORGIAN-OSSETIAN CONFLICT.
ASPIRING TO ELIMINATE THE CONSEQUENCES OF THE CONFLICT
AND RESTORE RELATIONS OF PEACE AND MUTUAL RESPECT
BETWEEN THE SIDES,
IN THE NECESSITY TO PUT AN END TO THE HEAVY LEGACY OF
THE PAST YEARS AND EMBARK UPON THE ROAD TOWARD THE
PEACE, TRUST AND CONSENT,
CONFIRMING OUR COMMITMENT TO THE PROVISIONS OF THE UN
CHARTER, THE BASIC PRINCIPLES AND DECISIONS OF THE
OSCE, AND GENERALLY RECOGNIZED NORMS OF INTERNATIONAL
LAW;
BEING GUIDED BY THE PRINCIPLES OF TERRITORIAL INTEGRITY
OF STATES, AND THE RIGHT OF NATIONS FOR SELF-
DETERMINATION;
STATING WITH PLEASURE THAT ON THE BASIS OF THE
AGREEMENT ON THE PRINCIPLES OF SETTLEMENT OF THE
GEORGIAN-OSSETIAN CONFLICT AND THE DEPLOYMENT OF JOINT
PEACEKEEPING FORCES IN JULY OF 1992, MILITARY ACTIONS
WERE TERMINATED IN THE ZONE OF CONFLICT;
DECLARING READINESS TO FOLLOW THE PATH OF THE
SETTLEMENT OF THIS CONFLICT IN THE SPIRIT OF MUTUAL
RESPECT AND EXCLUSIVELY THROUGH POLITICAL MEANS;
DEEMING IT NECESSARY TO TAKE STEPS LEADING TO FULL-
SCALE SETTLEMENT OF THE CONFLICT,
WE HAVE AGREED UPON THE FOLLOWING:
(1) SIDES OF THE CONFLICT REFUSE TO USE FORCE OR THE
THREAT OF FORCE, TO EXERT POLITICAL, ECONOMIC OR ANY
OTHER FORM OF PRESSURE ON EACH OTHER.
(2) SIDES WILL TAKE ALL NECESSARY MEASURES TO AVERT
AND ARREST ANY ILLEGAL ACTIONS, [TO INCLUDE THE] ABUSE
OF HUMAN RIGHTS BECAUSE OF ETHNIC ORIGINS.
(3) SIDES WILL IMPLEMENT MEASURES TO SECURE A
DIGNIFIED SOLUTION TO THE PROBLEM OF REFUGEES AND IDPS,
WHO HAVE SUFFERED AS A RESULT OF THE GEORGIAN-OSSETIAN
CONFLICT.
(4) SIDES AGREE THAT PERSONS TAKING PART IN THE ARMED
CONFLICT WHO DID NOT PERPETRATE MILITARY CRIMES, OR
CRIMES DIRECTED AGAINST THE CIVILIAN POPULATION, ARE
NOT SUBJECT TO CRIMINAL PROCEEDINGS.
IN THE NEAR FUTURE, SIDES WILL CREATE THE NECESSARY
CONDITIONS FOR LAW ENFORCEMENT AGENCIES TO INVESTIGATE
THE ABOVE-LISTED CRIMES, AND TO BRING CHARGES AGAINST
GUILTY PARTIES.
(5) SIDES NOTE WITH SATISFACTION THE POSITIVE NATURE
OF THE PRACTICE OF REGULAR MEETINGS BETWEEN
REPRESENTATIVES OF LAW ENFORCEMENT AGENCIES AND WILL
FACILITATE THEIR WORK TO IMPROVE THE CRIME SITUATION IN
THE ZONE OF CONFLICT.
(6) WITH PROGRESS TOWARD FULL-SCALE SETTLEMENT, THE
ZONE OF THE GEORGIAN-OSSETIAN CONFLICT WILL GRADUALLY
BE DEMILITARIZED ON THE BASIS OF SPECIAL AGREEMENTS.
PEACEKEEPING FORCES MAY BE DEPLOYED IN THE
DEMILITARIZED ZONE.
(7) SIDES BELIEVE IT EXPEDIENT TO ELABORATE, WITHIN
THE FRAMEWORK OF A JOINT CONTROL COMMISSION, A PLAN OF
A PHASED-REDUCTION OF THE NUMBER OF CHECKPOINTS AND
POSTS OF JOINT PEACEKEEPING FORCES, DEPLOYMENT IN
PLACES OF PERMANENT DISLOCATION, AND ORGANIZATION OF
THEIR [PKF] SERVICE, TAKING INTO ACCOUNT THE NEED TO
ENSURE THE POPULATION’S SECURITY.
(8) SIDES EXPRESS READINESS, JOINTLY AND WITH THE
ASSISTANCE OF INTERNATIONAL, INCLUDING NON-GOVERNMENTAL
ORGANIZATIONS, TO HOLD MEETINGS OF REPRESENTATIVES OF
GEORGIAN AND OSSETIAN POLITICAL AND PUBLIC
ORGANIZATIONS, SCIENTISTS, REPRESENTATIVES OF THE
RUSSIAN FEDERATION AND OTHER COUNTRIES, “ROUND TABLES”
OF REPRESENTATIVES OF THE INTELLIGENTSIA, AS WELL AS
MEETINGS WITH JOURNALISTS WITH THE AIM OF EXCHANGING
OBJECTIVE INFORMATION.
SIDES WILL ENSURE SAFE MOVEMENT AND ACCOMMODATIONS FOR
REPRESENTATIVES OF THE MASS MEDIA.
(9) SIDES WILL CONTINUE TALKS TO ATTAIN A FULL-SCALE
POLITICAL SETTLEMENT.
(10) SIDES NOTE WITH SATISFACTION THE READINESS OF THE
RUSSIAN FEDERATION TO ACT AS A GUARANTOR, OF THE
REPUBLIC NORTH OSSETIA - ALANIA, TO PARTICIPATE IN
IMPLEMENTING THE AGREEMENTS REACHED IN THE PRESENT
MEMORANDUM, AND OF THE OSCE TO ACT AS A FACILITATOR.
(11) THE PRESENT MEMORANDUM COMES INTO FORCE UPON
SIGNING.
DONE IN THE CITY OF TSKHINVALI APRIL 17, 1996.
INITIALED FOR THE GEORGIAN SIDE BY [FOREIGN MINISTER]
I. MENAGHARISHVILI; FOR THE RUSSIAN FEDERATION BY B.
PASTUKHOV; FOR THE SOUTH OSSETIAN SIDE BY V. GABARAEV;
AND FOR THE REPUBLIC OF NORTH OSSETIA BY Y. BIRAGOV;
FOR THE OSCE SIDE BY DIETER BODEN.