During the last days the situation on the territory of the former Autonomous District of South Ossetia has seriously aggravated. Separatists are engaged in massive violation of human rights and freedoms, armed assaults on peaceful population and violence. As a result of these activities, there are casualties in peaceful population and peacekeeping forces. Tens of people are wounded. Property of peaceful population is destroyed.

Despite the decisions made by the Georgian Government to cease fire unilaterally and the proposals to conduct peaceful negotiations, massive attacks on peaceful population took place on August 7-8 from the side of separatists. Georgian Government took necessary and adequate measures to counter these armed attacks.

The actions made by the separatists on Georgian territory have actively been supported by the Russian Federation. Namely, on August 8 hundreds of military personnel and armament entered Georgia through Rocky tunnel.

On August 8, during the day, Russian military aircrafts for several times violated Georgian air space and bombed Kareli, Gori, and neighboring villages, also villages in Tskhinvali region, Vaziani military base and Marneuli military airport, which caused casualties in peaceful population and damaged infrastructure. Later Russian aircrafts bombed Senaki airport, Senaki military base, railroad station, also Poti port, Shipbuilding factory and railroad line. On August 9 aircrafts bombed Kopitnari airport, Gori railroad station and residential houses, which caused casualties among civilian population. In the last hours, Russia began aggressive actions towards Abkhazia direction. The majority of these territories are located 200-300 kilometers away from the Tskhinvali region. Consequently, aggressive actions from the side of Russia are significantly beyond the conflict territory and include practically entire Georgia.

Based on the above said, we face the fact of armed attack against Georgia from the side of Russia, which has both indirect and direct character.

Indirect attack is represented by full support of the separatist forces, including their supply with military equipment and ammunition, and occupation of high positions within the self-proclaimed South Ossetian Republic by the Russian officials (minister of defense, minister of internal affairs, national security advisor, prime minister).

Direct Military aggression was expressed from the Russian Federation by conducting active, intensive and continuous war, including several violations of Georgian air space and massive bombing. Black Sea Naval Forces and Military Land Forces were used as well. These actions, with its nature and scale, are fully adequate to the definition recognized by the International Law "Armed Attack", and it has to be qualified appropriately.

In the above mentioned conditions, in respond to the existing threat, the only adequate and accordingly necessary measure is employment of Defense Right, justified by the Constitution of Georgia 98 article, UN Regulation 51 and by the International Case Law.

It is necessary to use our forces, which will be proportional against attacks carried out against Georgia and will be directed to stop an armed conflict and to avoid the escalation of the situation.

Due to existing circumstances, in order to eliminate attacks and violation against the peaceful population, to provide dense of human rights and freedom, according to the sub-paragraph "Z", paragraph 1, article 73, as well as article 98 and paragraph 1, article 100 of the Georgian Constitution, in accordance with Georgian Law "about Military Law" and "Mobilization Law" sub-paragraph "a", article 6, Georgian Law.

1.To declare Martial Law on the whole territory of Georgia.

2.The period of time must be determined by 15 days.

3.Due to Martial Law to declare full mobilization and the use of Georgian Military forces in order to eliminate armed attacks

4.To publish order without delay by the means of Mass Media, and later (during 24 hours) every two hours to be transmitted by the Public Broadcaster.

5.To present the decree to the Georgian Parliament for endorsement.

6.The Ministry of Foreign Affairs (E. Tkeshelashvili) must inform the UN Secretary General, the General Secretary of the Council of Europe, other International Organizations and Heads of Diplomatic Missions in Georgia about the declaration of the Martial Law.

7.This decree should be activated after the signing and should immediately be published in official printing agencies.

Mikheil Saakashvili

Press Office
of the President of Georgia