A/HRC/RES/52/40 United Nations General Assembly Distr.: General 5 April 2023 Original: English Human Rights Council Fifty-second session 27 February–4 April 2023 Agenda item 10 Technical assistance and capacity-building Resolution adopted by the Human Rights Council on 4 April 2023 52/40. Cooperation with Georgia The Human Rights Council, Guided by the purposes and principles of the Charter of the United Nations, Welcoming the seventy-fifth anniversary of the Universal Declaration of Human Rights and the thirtieth anniversary of the Vienna Declaration and Programme of Action, and reaffirming other relevant international human rights instruments, Bearing in mind relevant regional instruments, in particular the European Convention for the Protection of Human Rights and Fundamental Freedoms, Taking note of the judgment of 21 January 2021 of the European Court of Human Rights in the case Georgia v. Russia (II), which confirmed, inter alia, the effective control of the Russian Federation over Abkhazia, Georgia and the Tskhinvali region/South Ossetia, Georgia after the war between the Russian Federation and Georgia in August 2008, and its responsibility for the human rights violations committed therein, Taking note also of the judgment of 7 March 2023 of the European Court of Human Rights in the case Mamasakhlisi and Others v. Georgia and Russia, which once again confirmed the effective control of the Russian Federation over Abkhazia, Georgia before the war between the Russian Federation and Georgia in August 2008, and its full responsibility for human rights violations in the region, Acknowledging the conclusion of the investigation phase into the situation in Georgia by the International Criminal Court in 2022, which resulted in the issuance of arrest warrants for war crimes committed against civilians perceived to be ethnically Georgian from 1 July to 10 October 2008, including during the war between the Russian Federation and Georgia in August 2008, and noting the alleged role of the Russian military official uncovered by the investigation, Recalling Human Rights Council resolutions 34/37 of 24 March 2017, 37/40 of 23 March 2018, 40/28 of 22 March 2019, 43/37 of 22 June 2020, 46/30 of 24 March 2021 and 49/33 of 1 April 2022, Expressing serious concern that the provisions of the above resolutions with regard to Abkhazia, Georgia and the Tskhinvali region/South Ossetia, Georgia have not been implemented, GE.23-06374(E)