Joint Statement by Representatives of the Republic of Abkhazia and South Ossetia in the Geneva discussions on security and stability in Transcaucasia on the illegality of using the terms "occupation" and "occupied territory" in relation to South Ossetia and Abkhazia:
Representatives of the Republic of Abkhazia and South Ossetia have stated at the 20th round of the Geneva discussions on security and stability in Transcaucasia the illegitimacy of using the terms "occupation" and "occupied territories" in relation to South Ossetia and Abkhazia in accordance with norms and principles of the international law.
Representatives of the Republic of Abkhazia and South Ossetia have reminded that in August 2008 by Saakashvili's regime was unleashed aggression against South Ossetia, which caused the deaths of hundreds of people, including the Russian peacekeepers stationed in South Ossetia in accordance with the international mandate.
Representatives of the Republic of Abkhazia and South Ossetia have expressed satisfaction with the fact that, despite the continuing differences in the approaches of the participants of the Geneva discussions to using the term "occupation", a comprehensive joint discussion of the topic with the help of the independent experts in the field of the international law, conclusively showed that the presence of contingents of the Russian armed forces in the territory of Abkhazia and South Ossetia cannot be regarded as the "occupation", and these states cannot be regarded as the "occupied territories".
A mandatory attribute of any occupation regime is implementation of the effective control by the armed forces of one state over the territory and population of another state. By "effective control" according to the international humanitarian law is usually considered the implementation of the police and administrative functions by the occupation forces in the relevant territory, as well as the publication of the mandatory community regulations. An important criterion is the deployment of the occupation forces throughout the occupied territory that actually allows the direct control.
The situation with the presence of the Russian troops in the territory of the Republic of Abkhazia and South Ossetia does not accord with the above mentioned criteria. Russian troops are stationed compactly in the areas of their military bases; they do not intervene in the life of the local population, do not publish any legal requirements and do not carry out a police or administrative functions. Thus, the Russian forces in Abkhazia and South Ossetia cannot be regarded as the "occupation forces". The so-called "occupation" regime within the meaning of general international law and international humanitarian law is also absent here.
Full effective control over the territories of Abkhazia and South Ossetia is carry out by their legally elected government. Held in 2009, 2011 and 2012 parliamentary and presidential elections of Abkhazia and South Ossetia proved democracy, transparency and legitimacy of the electoral processes in both countries that have also witnessed the international observers.
It should be emphasized that the authorities of Sukhum and Tskhinval maintained effective control over their territories and their population long before the events of 2008 and the recognition of Abkhazia and South Ossetia as the sovereign and independent states. Deployment of the Russian military bases in both countries did not change the situation. The bases are deployed in Abkhazia and South Ossetia in accordance with the bilateral agreements with Russia.
The aspiration of the Georgian authorities artificially put into circulation the term "occupied territories" – is nothing more than a propaganda trick. It has nothing to do with the current political reality in the South Caucasus and intends to mislead the world public.
Representatives of the Republic of Abkhazia and South Ossetia, taking into account the exchanges of opinions at the Geneva talks, is appealing to all subjects of the international law abstain from further using of the term "occupation" in relation to the presence of the Russian armed troops in the territory of Abkhazia and South Ossetia, as well as from any other similar terms, groundless both legally and actually.
Representatives of the Republic of Abkhazia and South Ossetia have expressed the hope that this recommendation will be followed by partners of the Geneva discussions on security and stability in Transcaucasia, that will contribute to a constructive atmosphere and successful working of this international negotiating format.
Geneva, June 8, 2012
