[10] In 2009, the Parliamentary Assembly of the Council of Europe resolutions condemned "the ethnic cleansing and other human rights violations in South Ossetia, as well as the failure of Russia and the de facto authorities to bring these practices to a halt and their perpetrators to justice".
[13] According to the 2016 census conducted by the South Ossetian authorities, 3,966 ethnic Georgians remained in the breakaway territory, constituting 7% of the region's total population of 53,532.
The Georgian government, led by the president Zviad Gamsakhurdia, responded by sending in army and paramilitary units, in an attempt to restore its control of the region.
Additionally, the North Ossetia-Georgian border went largely uncontrolled, providing an almost unhindered access point for weapons, fighters, and ammunition in both directions.
"[10] The policy of ethnic cleansing was also affirmed by the president of South Ossetia, Eduard Kokoity, who in his interview of 15 August 2008 given to the Russian publication Kommersant, on the question "Will Georgian civilians be allowed to return?"
[21][22][23] The International Criminal Court concluded its investigation in the Situation in Georgia in December 2022, delivering arrest warrants for three de facto South Ossetian officials believed to bear responsibility for war crimes of unlawful confinement, torture, outrages upon personal dignity, hostage taking, and unlawful transfer of civilians committed during the 2008 war — Mikhail Mindzaev, Gamlet Guchmazov and David Sanakoev, respectively, holding the positions of Minister of Internal Affairs, head of a detention centre in Tskhinvali, and Presidential Representative for Human Rights of South Ossetia, at the relevant time.