Occupied territories of Georgia
In 2012 the European Commission considered that Georgia's "continued application of the law on Occupied Territories" was a concern for the effectiveness of the "engagement strategy" with the breakaway territories, and in 2013 noted that there had been no change to the "restrictive aspects of the law" but that it hoped for a "more relaxed implementation of the Law" from the new government in Georgia.Russia claims, that "Abkhazia and South Ossetia are not occupied territories, but independent States."
The Russian Federation also holds that it "... does not at present, nor will it in the future, exercise effective control over South Ossetia or Abkhazia;" and "it was not an occupying power." It also noted that "despite having crossed into the territory of Georgia in the course of the conflict, Russia was not an occupying power in terms of IHL." According to Russia, "the number of Russian troops stationed in South Ossetia and Abkhazia [...] does not allow Russia in practice to establish effective control over these territories which total 12 500 sq. kilometers in size."
Occupied territories of Georgia
According to Elizabeth Cullen Dunn and Michael S. Bobick, this situation is called "occupation without occupation" and is a distinctive form of warfare. Vladimir Putin's form of warfare is "the spectacle of dominance", that creates docile populations within the new geographic boundaries of Russia in Europe. The key element of strategy is to use the separatist regions as perches from which to intimidate the larger states that once administered them. A creeping occupation and subsequent takeover of strategic positions in the breakaway regions aim at re-establishing control over Russia's "near abroad". By occupying breakaway provinces and establishing military bases from which to threaten occupation of the rest of Ukraine, Georgia, and Moldova, Russia can influence the actions of the sovereign states. The "war without war" and "occupation without occupation" is more flexible and cheaper than a real occupation, since the potential target can be rapidly changed.