Controversy over Abkhazian and South Ossetian independence
Encyclopedia
Russia's initial recognition of the independence
International recognition of Abkhazia and South Ossetia
Abkhazia and South Ossetia are two breakaway republics in the Caucasus with disputed status over whether they are a part of Georgia or sovereign states. The Republic of Abkhazia and the Republic of South Ossetia were recognised following the 2008 South Ossetia War between Russia and Georgia, by six...

 of the Republic of Abkhazia and the Republic of South Ossetia occurred in the aftermath of the conflict in South Ossetia
2008 South Ossetia war
The 2008 South Ossetia War or Russo-Georgian War was an armed conflict in August 2008 between Georgia on one side, and Russia and separatist governments of South Ossetia and Abkhazia on the other....

 and 6 months after the western
Western world
The Western world, also known as the West and the Occident , is a term referring to the countries of Western Europe , the countries of the Americas, as well all countries of Northern and Central Europe, Australia and New Zealand...

 recognition of the unilateral declaration of independence
2008 Kosovo declaration of independence
The 2008 Kosovo declaration of independence was adopted on 17 February 2008 by individual members of the Assembly of Kosovo acting in personal capacity and not binding to the Assembly itself...

 by Serbia's
Serbia
Serbia , officially the Republic of Serbia , is a landlocked country located at the crossroads of Central and Southeast Europe, covering the southern part of the Carpathian basin and the central part of the Balkans...

 breakaway Republic of Kosovo
Republic of Kosovo
Kosovo , officially the Republic of Kosovo is a partially recognised state and a disputed territory in the Balkans...

 in February 2008. This, and resultant non-recognition of Abkhazia and South Ossetia by NATO and European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...

 nations, in particular the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

 and the EU-3
EU three
The EU 3 refers to France, Germany and the United Kingdom, with relation to the status, power and influence of these three nations within the European Union...

, has led to claims of hypocrisy and double standards on the part of both sides of the recognition divide.

Kosovo as a precedent

The Assembly
Assembly of Kosovo
The Assembly of Kosovo was originally established by the United Nations Interim Administration Mission in Kosovo in 2001 to provide 'provisional, democratic self-government'....

 of the Serbia
Serbia
Serbia , officially the Republic of Serbia , is a landlocked country located at the crossroads of Central and Southeast Europe, covering the southern part of the Carpathian basin and the central part of the Balkans...

n Autonomous Province of Kosovo and Metohija, under administration of the United Nations Interim Administration Mission in Kosovo
United Nations Interim Administration Mission in Kosovo
The United Nations Interim Administration Mission in Kosovo or UNMIK is the interim civilian administration in Kosovo, under the authority of the United Nations. The mission was established on 10 June 1999 by Security Council Resolution 1244...

 since 1999, unilaterally declared independence
2008 Kosovo declaration of independence
The 2008 Kosovo declaration of independence was adopted on 17 February 2008 by individual members of the Assembly of Kosovo acting in personal capacity and not binding to the Assembly itself...

 as the Republic of Kosovo
Republic of Kosovo
Kosovo , officially the Republic of Kosovo is a partially recognised state and a disputed territory in the Balkans...

 on 17 February 2008. The Republic of Kosovo was instantly recognised by the United States and the EU-3
EU three
The EU 3 refers to France, Germany and the United Kingdom, with relation to the status, power and influence of these three nations within the European Union...

 and now has been recognised by internationally recognised sovereign states.

In an emergency session of the UN Security Council Serbian President
President of Serbia
The President of Serbia is the head of state of Serbia. Presently serving as the head of state is Boris Tadić. He was elected with a narrow majority of 50.31% in the 2008 Serbian presidential elections.-Authority, legal and constitutional rights:...

 Boris Tadić
Boris Tadic
Boris Tadić is the President of Serbia and leader of the Democratic Party. He was elected to a five-year term on 27 June 2004, and was sworn into office on 11 July. He was re-elected for a de facto second five-year term on 3 February 2008 and was sworn in on 15 February...

 asked the Council, "Are we all aware of the precedent
Precedent
In common law legal systems, a precedent or authority is a principle or rule established in a legal case that a court or other judicial body may apply when deciding subsequent cases with similar issues or facts...

 that is being set and are we aware of the catastrophic consequences that it may lead to?" The Permanent Representatives
Ambassador
An ambassador is the highest ranking diplomat who represents a nation and is usually accredited to a foreign sovereign or government, or to an international organization....

 of the United States, United Kingdom and France presented their opinion that the Kosovo case is sui generis
Sui generis
Sui generis is a Latin expression, literally meaning of its own kind/genus or unique in its characteristics. The expression is often used in analytic philosophy to indicate an idea, an entity, or a reality which cannot be included in a wider concept....

 in nature and could not be perceived as a precedent.

The setting of a precedent was mentioned by many countries, such as Argentina
Argentina
Argentina , officially the Argentine Republic , is the second largest country in South America by land area, after Brazil. It is constituted as a federation of 23 provinces and an autonomous city, Buenos Aires...

, China
People's Republic of China
China , officially the People's Republic of China , is the most populous country in the world, with over 1.3 billion citizens. Located in East Asia, the country covers approximately 9.6 million square kilometres...

, Cuba
Cuba
The Republic of Cuba is an island nation in the Caribbean. The nation of Cuba consists of the main island of Cuba, the Isla de la Juventud, and several archipelagos. Havana is the largest city in Cuba and the country's capital. Santiago de Cuba is the second largest city...

, Greece
Greece
Greece , officially the Hellenic Republic , and historically Hellas or the Republic of Greece in English, is a country in southeastern Europe....

 and Spain
Spain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...

. India
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...

 stated that Kosovo "can set a very dangerous precedent for similar cases around the world." The then Russian President Vladimir Putin
Vladimir Putin
Vladimir Vladimirovich Putin served as the second President of the Russian Federation and is the current Prime Minister of Russia, as well as chairman of United Russia and Chairman of the Council of Ministers of the Union of Russia and Belarus. He became acting President on 31 December 1999, when...

 described the recognition by Western powers of Kosovo independence as "terrible precedent, which will de facto blow apart the whole system of international relations
International relations
International relations is the study of relationships between countries, including the roles of states, inter-governmental organizations , international nongovernmental organizations , non-governmental organizations and multinational corporations...

, developed not over decades, but over centuries." He then went on to say, "[t]hey have not thought through the results of what they are doing. At the end of the day it is a two-ended stick and the second end will come back and hit them in the face."

Some analysts at the time called ignoring Russian objections and the move by the United States and the EU-3
EU three
The EU 3 refers to France, Germany and the United Kingdom, with relation to the status, power and influence of these three nations within the European Union...

 a mistake, with Ted Galen Carpenter of the Cato Institute
Cato Institute
The Cato Institute is a libertarian think tank headquartered in Washington, D.C. It was founded in 1977 by Edward H. Crane, who remains president and CEO, and Charles Koch, chairman of the board and chief executive officer of the conglomerate Koch Industries, Inc., the largest privately held...

 stating that their view of Kosovo being sui generis
Sui generis
Sui generis is a Latin expression, literally meaning of its own kind/genus or unique in its characteristics. The expression is often used in analytic philosophy to indicate an idea, an entity, or a reality which cannot be included in a wider concept....

 and setting no precedent as "extraordinarily naïve". It was also suggested that Russia could use the case of Kosovo as pretext for recognising Abkhazia and South Ossetia in the future. Other analysts, including the Heritage Foundation
Heritage Foundation
The Heritage Foundation is a conservative American think tank based in Washington, D.C. Heritage's stated mission is to "formulate and promote conservative public policies based on the principles of free enterprise, limited government, individual freedom, traditional American values, and a strong...

, offer that Kosovo is no precedent due to its administration by the United Nations as a protectorate
Protectorate
In history, the term protectorate has two different meanings. In its earliest inception, which has been adopted by modern international law, it is an autonomous territory that is protected diplomatically or militarily against third parties by a stronger state or entity...

 for seven years and was blocked from being admitted to the United Nations due to Russia and China being able to use their veto in the United Nations Security Council
United Nations Security Council
The United Nations Security Council is one of the principal organs of the United Nations and is charged with the maintenance of international peace and security. Its powers, outlined in the United Nations Charter, include the establishment of peacekeeping operations, the establishment of...

.

In hearings before the United States House Committee on Foreign Affairs, California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...

 Republican
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...

 Congressman and member of the Subcommittee on International Organizations, Human Rights, and Oversight, Dana Rohrabacher
Dana Rohrabacher
Dana Tyron Rohrabacher is the U.S. Representative for , and previously the 45th and 42nd, serving since 1989. He is a member of the Republican Party...

, said there is an "obvious analogy between Kosovo and what's going on in Georgia" and continued to say "Now the only difference is of course, we're Americans and they're Russians. And the people trying to breakaway there were pro-Russian." This echoes sentiments he expressed in 2007, when he stated the United States "reflexively take[s] the anti-Russia position" due to that "the majority of US foreign policy establishment formed in the Soviet era, when they dealt with developing a strategy to surround
Encirclement
Encirclement is a military term for the situation when a force or target is isolated and surrounded by enemy forces. The German term for this is Kesselschlacht ; a comparable English term might be "in the bag"....

, weaken, and humiliate Russia."

In July 2008, in a speech to Russian ambassadors on Russian foreign policy, Dmitry Medvedev
Dmitry Medvedev
Dmitry Anatolyevich Medvedev is the third President of the Russian Federation.Born to a family of academics, Medvedev graduated from the Law Department of Leningrad State University in 1987. He defended his dissertation in 1990 and worked as a docent at his alma mater, now renamed to Saint...

 opined that "for the European Union, Kosovo is almost what Iraq
Iraq
Iraq ; officially the Republic of Iraq is a country in Western Asia spanning most of the northwestern end of the Zagros mountain range, the eastern part of the Syrian Desert and the northern part of the Arabian Desert....

 has proved to be for the United States" and that they acted unilaterally in pursuit of their own self-interests and undermined international law
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...

 in the process.

In October 2009, Dmitry Medvedev said that parallels between Kosovo and South Ossetia are "inappropriate" and that "We are categorically against drawing parallels between the Balkan events and the events in the Caucasus. As concerns South Ossetia – it’s our unambiguous, absolutely clear position – it about repelling direct military aggression. And what was done by Russia after that, was done in full accordance with the UN Charter." and that Kosovo's unilateral declaration of independence and the events that followed "have confirmed the inadequacy of attempts to adjust the solution of complex international problems to considerations of notorious political expediency. We consider it unacceptable to do what was done in the Kosovo precedent – to use the lack of progress at negotiations as the reason for unilateral actions, including recognition of new international legal entities.".

As a precedent in other disputes

Оn September 18, Russian foreign minister Sergey Lavrov
Sergey Lavrov
Sergey Viktorovich Lavrov is the Foreign Minister of Russia. Prior to that, Lavrov was a Soviet diplomat and Russia's ambassador to the United Nations from 1994 to 2004. Lavrov speaks Russian, English, French and Sinhala....

 summarised and explained Russia's position in relation to the other two frozen conflicts in the former Soviet Union, the Nagorno Karabakh Republic and the Pridnestrovian Moldovan Republic, both de facto
De facto
De facto is a Latin expression that means "concerning fact." In law, it often means "in practice but not necessarily ordained by law" or "in practice or actuality, but not officially established." It is commonly used in contrast to de jure when referring to matters of law, governance, or...

 independent
Independence
Independence is a condition of a nation, country, or state in which its residents and population, or some portion thereof, exercise self-government, and usually sovereignty, over its territory....

 republics seeking international recognition. Also, officials of Turkish Republic of Northern Cyprus
Turkish Republic of Northern Cyprus
Northern Cyprus or North Cyprus , officially the Turkish Republic of Northern Cyprus , is a self-declared state that comprises the northeastern part of the island of Cyprus...

 claim that, Kosovo's road to independence is a good example that strengthens TRNC's thesis(right of self-determination)
He went on to give the following explanation for this position:

Nagorno Karabakh Republic

The recognition of Abkhazia and South Ossetia by Russia have rekindled hopes of a solution to the Nagorno Karabakh problem. The declaration was welcomed by the Nagorno Karabakh republic and many pro-Independence parties in Armenia. The French ambassador in Armenia Serzh Smessov commented that "the events in Georgia have changed the regional situation, and in that connection we hope that there will arise the possibility of rapid regulation of the Karabakh conflict."

In Armenia six parties; the Union "Constitutional Justice", the Democratic Party of Armenia, the United Communist Party of Armenia, the Christian-Democratic Union of Armenia, Union "National Self-Determination" and the People's Party welcomed the moves by the Russian Federation. The Union "Constitutional Justice" in a declaration stated that "today an unprecedented favourable situation for the international recognition of the Nagorno Karabakh Republic has come to head, and Armenian diplomacy does not have the right to delay. What Armenian and Karabakh diplomacy could not do in 17 years, Russia has done in 20 days." Тhe declaration went on to say that "in the conditions of the conflicts which have arisen on post-Soviet space the thesis of territorial integrity
Territorial integrity
Territorial integrity is the principle under international law that nation-states should not attempt to promote secessionist movements or to promote border changes in other nation-states...

 cannot be a method for solving conflicts. On the contrary, the continued repetition of this thesis can lead the conflict to military confrontation, and all of the consequences that entails." The Armenian President Serzh Sargsyan, however, stated that Armenia will not formally recognise Abkhazia and South Ossetia as independent states any time soon but reiterated his support for their residents’ right to self-determination. He also said that Armenia will not recognise them for the same reason that it did not recognise Kosovo’s independence and that Armenia can not recognise another entity in the same situation as long as it has not recognised the Nagorno-Karabakh Republic. Also, many have expressed concern for the national security of Armenia should it recognise the breakaway republics. Secretary of the opposition party Heritage Stepan Safaryan expressed the view that for Armenia to recognise would be dangerous as it could damage Armenia's good relations with Georgia and leave it with yet another hostile neighbour to the north.

Transnistria

President of the unrecognised Pridnestrovian Moldovan Republic, also known as Transnistria, Igor Smirnov
Igor Smirnov
Igor Nikolaevich Smirnov , is the President of the internationally unrecognized Pridnestrovian Moldovan Republic, also known as Transnistria. He has held this post since 1990.- Childhood :...

 said that "the Russian leadership, in recognising the independence of Abkhazia and South Ossetia, has underlined the priority of the expression of the wills of the people for solving such problems."

On 27 August, the day after Russia's recognition, Dmitry Medvedev
Dmitry Medvedev
Dmitry Anatolyevich Medvedev is the third President of the Russian Federation.Born to a family of academics, Medvedev graduated from the Law Department of Leningrad State University in 1987. He defended his dissertation in 1990 and worked as a docent at his alma mater, now renamed to Saint...

 met with President of Moldova
President of Moldova
The President of the Republic of Moldova is the head of state of Moldova.-Description of the post:According to the Article 77 of the Constitution of Moldova , the President of Moldova is the head of the State and represents the State and is the guarantor of national sovereignty, independence, of...

 Vladimir Voronin
Vladimir Voronin
Vladimir Nicolaevici Voronin is a Moldovan politician. He was the third President of Moldova from 2001 until 2009 and has been the First Secretary of the Party of Communists of the Republic of Moldova since 1994...

, where the Russian leader made clear that Moscow is ready to make the maximal efforts to solve the Pridnestrovian problem in the framework of the sovereignty of the Republic of Moldova. Relations between Moldova and Pridnestrovia worsened after Moldova refused to support the independence of Abkhazia and South Ossetia, which Chişinău
Chisinau
Chișinău is the capital and largest municipality of Moldova. It is also its main industrial and commercial centre and is located in the middle of the country, on the river Bîc...

 categorically rejected, considering that "as in the case of the recognition of Kosovo, this step only decreases amenability of the sides in the search for a compromise."

Within Russia

Russia's recognition of the Georgian breakaway regions has given rise to talk of separatism in the Northern Caucasus within Russia's borders. According to a declaration addressed to the Council of Europe
Council of Europe
The Council of Europe is an international organisation promoting co-operation between all countries of Europe in the areas of legal standards, human rights, democratic development, the rule of law and cultural co-operation...

 by Russian human rights activists, "the situation in the North Caucasus republics became greatly more agitated since the war between Russia and Georgia in the South Caucasus." In Ingushetia
Ingushetia
The Republic of Ingushetia is a federal subject of Russia , located in the North Caucasus region with its capital at Magas. In terms of area, the republic is the smallest of Russia's federal subjects except for the two federal cities, Moscow and Saint Petersburg...

, Ingush opposition activist, Magomet Khasbiyev in an interview with radio station Ekho Moskvy called for Ingushetia to separate from Russia, claiming that "we must ask Europe or the US to separate us from Russia. If we aren't acceptable to this country, we don't know what else we should do."

President Dmitry Medvedev does not express concern at the possibility of renewed separatist sentiments in the Caucasus and believes such scenarios can only arise from abroad. In an interview with Euronews
EuroNews
Euronews is an international multilingual news television channel.It covers world news from what it claims to be a 'European' perspective.Criticisms are that the perspective is in fact that of the European Commission - a major and growing funder of Euronews....

 he said that he "does not see any such danger so long as people abroad do not meddle in these issues, thinking up various scenarios for dismembering Russia."

Separatism

Georgian justice minister Nika Gvaramia
Nika Gvaramia
Nikoloz "Nika" Gvaramia is a Georgian lawyer and politician who had held posts of Minister of Justice and Minister of Education and Science.-Early life:...

 claimed that “this will have very serious political consequences for Russia. We will overcome this crisis, I am sure; but what is Russia going to do with its own state – in respect of separatism, which is still a problem in Russia; I'm not worried much about it, but I am sure that it will lead to a total collapse of Russia if not today, tomorrow, for sure.”

Legal arguments

The Russian Federation argued that its decision to recognise Abkhazia and South Ossetia is based on the regulations of the United Nations Charter
United Nations Charter
The Charter of the United Nations is the foundational treaty of the international organization called the United Nations. It was signed at the San Francisco War Memorial and Performing Arts Center in San Francisco, United States, on 26 June 1945, by 50 of the 51 original member countries...

, a 1970 declaration on the principles of international rights relating to friendly relations between states, the Helsinki Accords
Helsinki Accords
thumb|300px|[[Erich Honecker]] and [[Helmut Schmidt]] in Conference on Security and Co-operation in Europe held in Helsinki 1975....

 and other international documents.

Some experts have taken into consideration the history of the dissolution of the Soviet Union
Dissolution of the Soviet Union
The dissolution of the Soviet Union was the disintegration of the federal political structures and central government of the Union of Soviet Socialist Republics , resulting in the independence of all fifteen republics of the Soviet Union between March 11, 1990 and December 25, 1991...

 which has led them to the conclusion that the independence of Abkhazia and South Ossetia is entirely correct from a legal point of view. As a legal base they cite Articles 70 and 72 of the Constitution of the Soviet Union
Constitution of the Soviet Union
There were three versions of the constitution of the Soviet Union, modeled after the 1918 Constitution established by the Russian Socialist Federative Soviet Republic , the immediate predecessor of the Union of Soviet Socialist Republics....

. Both Abkhazia and South Ossetia were autonomous inside of the Georgian SSR and had no right to declare their own independence from Georgia unless Georgia itself decided to abandon the Soviet Union. In that case the autonomous regions would have the right to decide their own statuses. These arguments were also used by Russian officials in the UN Security Council.

On the other hand, the unilateral declaration of independences has been considered a violation of international law
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...

 by many politicians and analysts, who argue that the recognition violates resolutions
United Nations Security Council Resolution
A United Nations Security Council resolution is a UN resolution adopted by the fifteen members of the Security Council; the UN body charged with "primary responsibility for the maintenance of international peace and security"....

 previously supported by Russia in the UN Security Council. When asked about these resolutions, Permanent Representative of Russia to the United Nations
Permanent Representative of Russia to the United Nations
This is a list of permanent representatives of the Soviet Union and the Russian Federation to the United Nations- Of the Soviet Union :- Of Russia :- External links :...

 Vitaly Churkin claimed that "their use of force against South Ossetia clearly dashed all of those previous resolutions and created a completely new reality." However, France's deputy UN ambassador Jean-Pierre Lacroix
Jean-Pierre Lacroix
Jean-Pierre Lacroix was a French entomologist.He was the best specialist on Lucanidae. He publishes many works always with very nice and accurate figures he drew himself.- Works :The complete list of his publications as been written by Hugues E...

 countered that "there is no way you can dash or cancel or ... terminate a resolution of the Security Council by force."

See also

  • 2008 South Ossetia war
    2008 South Ossetia war
    The 2008 South Ossetia War or Russo-Georgian War was an armed conflict in August 2008 between Georgia on one side, and Russia and separatist governments of South Ossetia and Abkhazia on the other....

  • International reaction to the 2008 South Ossetia war
    International reaction to the 2008 South Ossetia war
    The international reaction to the 2008 South Ossetia war covered many nations, NGOs, and non-state actors. The conflict began in August 2008 over South Ossetia but eventually the violence spread elsewhere in Georgia as well...

  • Kosovo independence precedent
  • List of unrecognised countries
  • South Ossetian independence referendum, 2006
    South Ossetian independence referendum, 2006
    South Ossetia, an independent partially recognized republic in the South Caucasus, formerly the South Ossetian Autonomous Oblast within the Georgian Soviet Socialist Republic with its capital in Tskhinvali, held a referendum on independence on November 12, 2006...

  • International recognition of Abkhazia and South Ossetia
    International recognition of Abkhazia and South Ossetia
    Abkhazia and South Ossetia are two breakaway republics in the Caucasus with disputed status over whether they are a part of Georgia or sovereign states. The Republic of Abkhazia and the Republic of South Ossetia were recognised following the 2008 South Ossetia War between Russia and Georgia, by six...

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