This was not the first UNOMIG investigation into the downing of a UAV. One
month earlier, on 18 March, the Abkhaz side already claimed that one of their L-39 had
destroyed a Georgian UAV off the coast of Ochamchira, in Abkhaz-controlled territory.
At the time, the Georgian authorities denied having lost any UAV. After examining the
debris from the UAV, the initial investigation by UNOMIG concluded that a Hermes 450
UAV was most probably involved, the maximum range of which was consistent with
Georgian ownership. UNOMIG informed the Georgian Ministry of Defence that it
considered that a reconnaissance mission by a military aircraft, whether manned or
unmanned, constituted “military action” and therefore contravened the Moscow
Agreement, which stipulates that the parties “shall scrupulously observe the ceasefire on
land, at sea and in the air and shall refrain from all military actions against each other”.
The Mission also called both sides’ attention to the fact that the Georgian action and the
Abkhaz reaction had generated a threat to those who use the airspace over the Zone of
Conflict and its surroundings. The Department of Peacekeeping Operations expressed
these concerns in the verbal update presented to the Security Council on 14 April.
...........
36. By the same token, and from the same peacekeeping perspective, the Mission
reiterates its position stated to the Georgian Minister of Defence on 7 April 2008 that the
overflight of the zone of conflict by surveillance aircraft constitutes a breach of the
Moscow Agreement. In their explanation of the purpose of the 20 April overflight,
Georgian officials have referred to the need to conduct reconnaissance of Abkhaz
military formations and movements north of the Ceasefire line. However legitimate this
purpose may seem to the Georgian side, it stands to reason that this kind of military
intelligence-gathering is bound to be interpreted by the Abkhaz side as a precursor to a
military operation, particularly in a period of tense relations between the sides. (It is
worth recalling that the Abkhaz side reported 16 UAV overflights since last August). A
ceasefire regime has a major advantage – preventing war. It does however impose, in
return, limitations on the freedom of the sides, including the undertaking by one side of
measures that can and will be perceived as threats by the other side.