Der Spiegel has supposedly obtained confidential documents written by the EU team led by Ambassador Heidi Tagliavini that is investigating the war last summer. There are quite a few interesting little nuggets in Der Spiegel’s write-up. Here are a few:

The confidential investigative commission documents, which SPIEGEL has obtained, show that the task of assigning blame for the conflict has been as much of a challenge for the commission members as it has for the international community. However, a majority of members tend to arrive at the assessment that Georgian President Mikhail Saakashvili started the war by attacking South Ossetia on August 7, 2008. The facts assembled on Tagliavini’s desk refute Saakashvili’s claim that his country became the innocent victim of “Russian aggression” on that day.

The experts found no evidence to support claims by the Georgian president, which he also mentioned in an interview with SPIEGEL, that a Russian column of 150 tanks had advanced into South Ossetia on the evening of Aug. 7. According to the commission’s findings, the Russian army didn’t enter South Ossetia until August 8.

But the report apparently doesn’t let Russia entirely off the hook. From Hamburg-based international law expert Otto Luchterhandt, another commission member:

Georgia’s attack, Luchterhandt argues, constitutes a breach of this agreement, thereby giving Russia the right to intervene. Nevertheless, he writes, the Kremlin, with its overwhelming intervention in western Georgia, can be accused of “violating the principle of proportionality.”

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