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Western leaders have condemned Russia's decision, which has sparked fears of a new Cold War. U.S. President George W. Bush said in a statement on Tuesday: "Russia's action only exacerbates tensions and complicates diplomatic negotiations."

Of course, one can argue that the territorial integrity of Georgia, Azerbaijan and Moldova has already been recognized by many international organizations and by the majority of states in the world. The UN Security Council, notably, adopted many resolutions affirming the territorial integrity and sovereignty of Georgia and Azerbaijan.47 That is why one could conclude that this standpoint reflects already the position of the international community, according to which the secession of Abkhazia, South Ossetia and Nagorno-Karabakh has not been recognized (apart from Russia, Nicaragua, Venezuela and Nauru in Abkhazia’s and S. Ossetia’s case).

The Court did not state in the Opinion that Kosovo through its declaration of independence effectively seceded from Serbia and thus the new state of “Kosovo” emerged. As it did not call into question the validity of UN Security Council Resolution 1244 (1999), which legitimizes the presence of international territorial administration in Kosovo, one can conclude that this resolution is still in force until a new resolution is adopted by the Council. In fact, according to this resolution, Kosovo shall only be given substantial autonomy within the Federal Republic of Yugoslavia (Serbia). Hence it can be stated that, from a legal point of view, Kosovo still can be seen as part of Serbia.

A second argument is that Abkhazia and “South Ossetia” declared their independence after a mass ethnic cleansing of hundreds of thousands of Georgians, and other ethnicities had artificially changed the demographic composition of the two regions. Russia’s military presence in those territories both before and after the war as well as the absence of proper international peace mechanisms have prevented the majority Georgian population from returning home. While in Kosovo the very purpose of the international mission was to help the Kosovar Albanians to return safely, hundreds of thousands of Georgians have not been allowed to go back to Abkhazia and Tskhinvali. Thus, unlike Kosovo, the de-facto authorities in Abkhazia and Tskhinvali do not represent the majority of the lawful residents in those territories but are merely puppet regimes whose declarations have no legitimacy. Recognizing the independence of the occupied territories would just legitimize the use of ethnic cleansing as a device to change international borders.The ethnic cleansing of Georgians has been officially recognized by the UN General Assembly, by the OSCE in 1994, 1996 and 1999 during its Budapest, Lisbon and Istanbul summits, and by several individual states. Paragraph 17 of the 1999 OSCE Istanbul Summit Document states: “We reiterate our strong condemnation as formulated in the Budapest and Lisbon Summit Documents of the ‘ethnic cleansing’ resulting in mass destruction and expulsion of predominantly Georgian population in Abkhazia, Georgia.”