Of wrongfulness of using “occupation” and “occupied territories” terms in respect of South Ossetia and Abkhazia
Representatives of the Republic of Abkhazia and Republic of South Ossetia notes eventuated within the frameworks of 20th round of Geneva discussions on the questions of security and stability in Northern Caucasus discussion of illegality of using in respect of South Ossetia and Abkhazia “occupation” and “occupied territories” terms from the point of view of norms and principles of international law as well.
Representatives of the Republic of Abkhazia and Republic of South Ossetia reminds that in the august 8, 2008 by Saakashvili’s regime was initiated an aggression against South Ossetia that caused a death of hundreds of people including Russian peacekeepers who were in South Ossetia in accordance with the international mandate.
Representatives of the Republics of Abkhazia and the Republic of South Ossetia are satisfied by the fact that notwithstanding the existing differences of attitude of Geneva discussions towards using the term of “occupation” a comprehensive joint discussion of this topic with participation of independent experts in the realm of international law clearly showed: deployment of Russian armed forces at the territories of the Republic of Abkhazia and the Republic of South Ossetia in no way can be viewed in the capacity of “occupation” and these states cannot be considered as “occupied territories”.
An indispensable attribute of the occupation regime is fulfilling by an armed forces of one state of effective control over the territory and population of another state. As an “effective control” in the international humanitarian law usually understands fulfilling by occupation troops of administrative and police functions at the appropriate territory and their issuing obligatory for the local population normative acts. A significant criterion is also a dispersal of occupation forces all over the occupied territory what allows to fulfill direct control.
The situation of the Russian military presence at the territory of the Republic of Abkhazia and the Republic of South Ossetia cannot be brought to any of indicated points. Russian military personnel are compactly deployed at the territories of their military bases and do not interfere in the life of local population do not issue any prescriptions of law and do not fulfill police or administrative functions. Thus Russian military forces in Abkhazia and South Ossetia cannot be considered as “occupation troops”. There is no such a regime as so called “occupation” according to international law and international humanitarian law.
The entire effective control over the territories of the Republic of Abkhazia and the Republic of South Ossetia exercises their legally elected Authorities. Elections of the Presidents and Parliaments of Abkhazia and South Ossetia conducted in 2009, 2011 and 2012 confirmed democracy transparency and legitimacy of electoral processes in both countries, what was verified also by international observers.
It is worth mentioning that authorities of Sukhum and Tskhinval exercised an effective control over their territories and population long before 2008 and before recognition as sovereign and independent states of Abkhazia and South Ossetia. Deployment of Russian military bases on the territory of both states changed the situation in no way. The bases itself were deployed in Abkhazia and South Ossetia in the basis of bilateral agreements with Russia.
Desire of Georgian authorities to enter artificially in the term of «occupied territories» is nothing more than a propaganda trick. It has nothing common with the present political reality in the Northern Caucasus and purposed to mislead an international community.
Representatives of the Republic of Abkhazia and the Republic of South Ossetia with a glance of eventuated in Geneva exchange of opinions calls all subjects of international law to abstain henceforth from using of term «occupation» in respect to deployment of Russian forces at the territory of Abkhazia and South Ossetia, as well as any other terms of that ilk as groundless from legal and factual points of view.
Representatives of the Republic of Abkhazia and the Republic of South Ossetia expresses hope that partners at Geneva discussions on the questions of security and stability in Northern Caucasus will follow this recommendation, what will be contributive for creation of constructive environment and fruitful work of this international negotiation format.
Geneva, June 8, 2012