Gossip Girl mom Kelly Rutherford brutal divorce war!

As things get nastier, the Geneva Convention may be called into to monitor the ensuing ugliness in this bitter conflagration between Rutherford and estranged German hubby David Giersch.

In papers filed in LA County Superior Court Rutherford, 40, wanted to keep Giersch, 34, from fleeing the country with their two-year-old son, Hermes.

Giersch has counterattacked saying the pregnant star of the CW tweener has anger issues.

According to his filing, Kelly whipped a laptop (size of screen undetermined) at him and "hit him".

The judge has since denied Rutherford's request

Both filed for divorce the 2nd day of this brand spanking New Year.

Stay tuned…