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Sir, The Russian President, Dmitri Medvedev, said that his decision to recognise the independence of South Ossetia and Abkhazia was based on “the principles of the United Nations Charter and other documents of international law” (report, Sep 1). In fact these principles show clearly that these actions by Russia are contrary to international law.
The international legal right of self-determination of peoples applies to South Ossetia and Abkhazia, because these people identify themselves as being distinct from others within the borders of their country and actions have been taken against them because of their separate identities. Yet this does not mean that they can secede from Georgia, but they can exercise this right within Georgia. The Georgian Government’s action in using force against them is illegal under international law.
While the initial actions by the Russian troops in protecting the South Ossetians and the Abkharzians could be considered as being consistent with international law, as these actions were in response to the support probably requested, the continuation of Russian troops there without United Nations resolutions and their action in recognising these regions’ independence is a contrary to international law.
Russia must withdraw both its troops and its recognition that these regions are independent.
Professor Robert McCorquodale
Director, British Institute of International and Comparative Law
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