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On May 25th, the UN’s International Tribunal for the Law of the Sea (ITLOS) ruled that Russia should free the Ukrainian sailors detained during the Kerch Strait incident on November 25th, 2018.
The 24 Ukrainian service members and three Ukrainian navy ships were seized by the Russian coast guard south of the Kerch Strait on November 25th, 2018. The Ukrainian sailors tried to pass through the Kerch strait without permission and now face criminal charges in Russia.
On April 29, Ukraine filed a case with ITLOS requesting provisional measures to order their immediate release. Such measures are authorized under article 290 of the United Nations Convention on the Law of the Sea (UNCLOS) in urgent situations to prevent a real and imminent risk of irreparable prejudice to the rights of a party, in this case Ukraine.
Essentially, the Tribunal “diminished the military activities exemption in article which will give pause to the 27 nations that have made such declarations.”
Furthermore, according to James Kraska, Chairman and Charles H. Stockton Professor of International Maritime Law in the Stockton Center for International Law at the U.S. Naval War College, the Tribunal avoided a determination on whether there was an armed conflict between the two states.
“Instead, the ITLOS order accepts without analysis that Ukraine and Russia are interacting during a time of peace, a dubious assumption. In doing so, the Tribunal vindicates two important rights that will be welcomed by maritime powers: sovereign immunity of warships and other government vessels and the peacetime right of freedom of navigation by Ukrainian military vessels. But in reaching this conclusion, the Tribunal diminished the military activities exemption.”
Based on that dubious presumption, the Tribunal ruled that the sailors must be released.
“The Russian Federation must proceeed immediately to release the Ukrainian soldiers and allow them to return to the Ukraine,” said Judge Jin-Hyuan Paik at the International Tribunal for the Law of the Sea, which is located in the German port city of Hamburg.
“The tribunal ruling is a clear signal to Russia that it cannot violate international law with impunity,” Ukraine’s vice minister for foreign affairs Olena Zerkal said on her Facebook page after the judgement.
The Russian side said that the Tribunal’s decision was illegitimate. Konstantin Kosachyov, head of the foreign affairs committee in the Federation Council said the decision was illegitimate because it happened outside of the ITLOS’ jurisdiction.
“The ITLOS decision granting Ukraine’s demand to return the ships and release the crews arrested last year in relation to an attempt at illegal crossing of the Russian border cannot be considered to be legitimate because this incident is not in the jurisdiction of this court and the conventions it invokes,” Kosachyov said.
When signing the 1982 UN convention on the law of the sea Russia and Ukraine made specific reservations, which rule out consideration of the Kerch incident under the Convention’s procedures, he said.
“This is a matter for two sides, Russia and Ukraine, one of which committed a gross provocation by trying to cross into the other side in violation of the commonly known procedures. No wonder Ruslan Khomchak, Ukraine’s new Chief of the General Staff, has confirmed that sending vessels to the Kerch Strait back then was dangerous and that there were questions for the Ukrainian Navy Commander Ihor Voronchenko regarding the matter.
“Russia should stick to its position and continue to dismiss all Ukrainian attempts to internationalize the conflict situation and present it in the form of Russia’s inadequate activities.
“The new government of Ukraine would be wise to recognize, put mildly, the erroneousness of the actions of its predecessors and resolve issues in the framework of legal norms applicable to this case.”
Russian analytical blog Colonel Cassad made several comments on the matter, which allow to get a Russian perspective on this situation:
- Various sanctions are imposed against Russia on a constant basis, just like that, without any international tribunals. Meaning that even if Moscow is threatened by sanctions if it doesn’t release the sailors, not much will change if they do – sanctions will continue being imposed. It is simply the general strategy of the Washington-led establishment;
- Relatively recently, a similar hysteria was observed with the Boeing Tribunal, whose decisions Russia also does not recognize and considers null and void. As we can see, in the intervening time, the “decision of the tribunal” did not cause provocations for customers of Boeing. It is just another branch of the MSM propaganda campaign “Russia shot down a Boeing.” Similarly, the Maritime Tribunal plays along with the lines of “Russia oppresses the Kerch Strait.” The Russian Foreign Ministry takes an absolutely correct position, sending these claims to the forest;
- It should also be reminded that Russia had the opportunity to discuss the Ukrainian’s sentences in court, but delays it, otherwise by now they would be serving prison sentences. Because of Poroshenko, who sent them there, and because of Zelensky, who instead of exchanging the sailors for detained Russian citizens, actually continues Poroshenko’s course and contributes to the long-term imprisonment of Ukrainian sailors;
- It should also be understood that if sanctions are imposed on Russia for the Kerch Strait and if Ukraine doesn’t exchange prisoners, these sailors will be in prison for a long time. Even if only to serve as an example that Russia would not bend to ultimatums. Now, Zelensky is doing everything he can so that they, instead of returning home soon, sit in prison for a very long time;
- Russia would not recognize the decisions of the Maritime Tribunal, since their recognition would mean an automatic agreement with the thesis of the United States and Ukraine that Russia has no right to control the Kerch Strait. A recognition of this sort (not to be confused with the freedom of navigation) will have far more negative consequences than any sanctions.
It is apparent that the Tribunal’s decision just forwards the agenda of the Washington establishment and any compliance with it by Russia would be a serious sign of weakness. Especially since there are likely to be more provocations in the Black Sea, juding by US and Ukrainian claims.
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Free them , they were caught in international waters .
If Russia does not free them sanction the hell out of them .
They were not in international waters.
And Genius – FYI there are numerous sanctions against Russia which have only hurt the EU, strengthen the domestic Russian economy and boosted trade between China and Russia.
How did they hurt only the EU and not Russia, have you ever seen any Russia’s GDP growth graph?
Here is a World Bank report. Certainly doesn’t read to me like an economy struggling despite sanctions since 2014.
http://www.worldbank.org/en/country/russia/publication/rer
“Growth prospects for 2018-2020 remain modest, forecast at 1.5% to 1.8%. Higher-than-expected oil prices could favorably affect the growth forecast.”
https://tradingeconomics.com/russia/gdp-growth-annual
1.3 % growth in 2019 while it reached 5% in 2010 respectively 2012…for the country that has the most resources in the World, yeah not bad at all.
Yes, not bad at all given the intent to cripple Russia by the sanctions. In fact Russia has boosted domestic agricultural production and is now looking to replace the US in supplying China.
Russia ready to fill China’s food gap left by US in trade war fallout
https://www.scmp.com/news/china/diplomacy/article/3013549/russia-ready-fill-chinas-food-gap-left-us-trade-war-fallout
Meanwhile the EU has lost an important export market with 2017 figures showing loses > €30 billion.
https://www.express.co.uk/finance/city/863540/Russia-EU-sanctions-cost-Greece-cyprus-US-news-updates
your childish ignorance of geography amuses–sea of azov is not international waters..yes; u r a “tonto”
Minus five or six meters H2o, it would be Azovsky Brod!
Yeah so was Julian Assange.
Bin Laden was in Pakistan, and the US murdered him his wife and his children.
You can’t deal with scum like America using normal civilized behavior.
So what’s the difference between the U.S. and Russia here? Why is Russia still holding these guys? Why are they dressed like jack booted thugs with masks?
Russia has the right to protect it’s waters but what is the reason for holding these guys? You would think that seizing the ships would be message enough. Prosecuting these guys doesn’t hurt the ones who ordered them to violate Russia’s boundaries.
To keep the spirits inflamed. Putin needs NATO fear mongering to keep the power in Moscow
Wrong mister occupybacon. Sailors knew they were violating the Kerch strait pass regime. It is justified by the documents found at the vessels. So they are criminals, who intentionally violated Russian border. So, like any other world power like USA or China, Russia has to punish the criminal as hard as it would make other stupids to think twice about doing the same.
Double wrong mister Smith, the straits are matter of International Law. Only a small group of (17) banana republics recognized Crimea as Russia. Ex: Turkey’s Phosphorous respect the international law or they wouldn’t allow the Russian vessels to reach Syria.
So by any International Tribunal the sailors are not criminals. Russia is playing with the international law in order to disrupt economy in the city of Mariupol.
They are asking for more economic sanctions from NATO. But I’m sure they don’t like West dirt money anyway.
Wrong once again. In accordance with the Azov sea agreement the Sea of Azov and the Kerch Strait are internal waters of the Russian Federation and Ukraine.
This agreement was lawful at the time of incident. I want to recommend you to read the agreement again with more attention applied.
https://en.wikipedia.org/wiki/Treaty_Between_the_Russian_Federation_and_Ukraine_on_Cooperation_in_the_Use_of_the_Sea_of_Azov_and_the_Kerch_Strait
Total wrong you are :) have you read it? “2. The Sea of Azov must be delimited by the state border in accordance with the Agreement signed by the Parties.” Russia broke all treaties since the invasion of Crimea
Can you please be so kind and tell me, when Russia or Ukraine, officially, started the procedure of denouncing the treaty?
When the first little green was seen in Crimea
Could you please show the official statement of Ukrainian Govt in which Ukraine denounced the Azov treaty?
“state border in accordance with the Agreement signed by the Parties” which part did you not understand?
Well, if we speak about your understanding of the international law, maybe you are right. But if we speak about what is lawful and what is not in the real world, then until Ukraine didn’t denounced the treaty, it remains lawful. You didn’t presented any official document, which denounces the treaty. That means any decision of any kind of international courts are not lawful. The reason of all your previous tries to put the international law upside down is very simple: you just can’t accept the objective reality.
By your logic since Russia denounced the Ribbentrop-Molotov pact in 1989, they shouldn’t be in Berlin in 1945, because they didn’t denounce the treaty first. Here is a piece of reality, cave boy, in my world you broke the law when you infringe the agreement not when you present an official document that denounces the agreement. And by the international law, Crimea waters are Ukraine not Russia and the sailors are kidnapped.
The pact lost it lawfulness at the moment when Germany, officially, declared the war with USSR. It was made by special memorandum issued by German Foreign Affairs which was presented by Ribbentrop to the Soviet ambassador in Berlin about 2:00 am at June 22 1941.
Could you please present any official Ukrainian or Russian document which declares the war for the counterpart?
Thank you for this lesson, I didn’t know Hitler had more dignity than Putin, who didn’t denounce the Budapest Memorandum of Ukraine security before invading Crimea.
Crimea reunited with Russia on the foundation of international law.
1. The Charter of the United Nations, article 1, paragraph 2: “respect for the principle of equal rights and self-determination of peoples”
2. In July 22, 2010 International Court of Justice, in it’s decision that international law contains no “prohibition on declarations of independence.”
3. In accordance with article 10, Chapter 4, of the Charter of the United Nations all resolutions of the General Assembly (UNGA) are not obligations but recommendations.
4. The Budapest Memorandum of Ukraine is NOT an international treaty, in accordance with the international law, and the memorandum does not obligates any state to follow it. In fact, it is written just to remember.
5. The Parliament of the Autonomous Republic of Crimea was elected in accordance with the Ukrainian constitution and at the moment of decision about referendum had the whole power of law.
All the above means that Crimean referendum was lawful in accordance with the International Law.
The “referendum” happened after the little green invasion.It was recognized by 17 banana republics, not by UN.
We are talking now about international law, not politics. By the international law the referendum was a 100% lawful. Does it recognized or not it’s just matter of the current political situation.
Which international law says that free elections can take place under military occupation?
All international observers confirmed the lawfulness and freedom at the referendum. No major violations were observed. If the western democracies were so confident about pressure, why they didn’t send their observers to confirm it? BTW I can’t imagine how anybody can make you vote for something, using guns, if the ballot is secret.
Anyway, referendum was 100% lawful, which was confirmed by the foreign and local observers.
What International observers confirmed by the UN were there, or even China? No country is sending their officials in a place of war, little green were unlawfully there in the first place. You are asking me how the little green influenced the elections? LOL
Yep, there were a lot of international observers all over the world. Even from EU. And there are no juridical obligations to have official UN observers or official NATO observers to confirm the lawfulness of a referendum.
You can have any private opinion over the subject, but the reality is the Crimean referendum was fully lawful under the international law. Period.
Since the referendum was organized under Russian occupation, “a lot” of countries like Cuba, Syria, North Korea, Venezuela, Afghanistan recognized it, no China or even Iran recognized it. But ok, no matter if you write in English or you hide behind an Anglo-Saxon name, anyone can see you’re a soviet mongol.
Look, there is the objective reality and your, particular, opinion over this reality. In example: you can believe that you can not pay any taxes. But since the moment you will stop paying taxes, the objective reality gonna hit you right in the front of your head and you will go to the prison.
Same thing is for the Crimea. You can believe anything you want, but the objective reality is that Crimea reunion with Russia was 100% lawful under the international law.
Or Trump’s collusion – the very same situation. CNN or liberals can believe anything they want, but the objective reality – there is no collusion.
Ok, then Iraq invasion or Venezuela invasion by the US would be also lawful if they have elections/referendum after, right?
There were no invasion. If you did not knew, the Russian military bases were in Crimea after USSR collapse, and Russian troops were lawfully situated there since 1991. If Iraq or Venezuela would vote on referendum to became a 51st state of the USA, and USA accept it, then it’s very normal if USA will move it’s troops to protect the new homeland.
The troops were lawfully situated in Sevastopol not in all Crimea, it’s like saying that because USA has troops in Guantanamo, they are right to be in Havana. And there are a lot of countries happy to join USA, but USA won’t take them, probably if Trump would promise that to Venezuelans, tomorrow Maduro would be history.
Well, you got it right. If Cubans or Venezuelans will vote at lawful referendum to join the USA, and Senate, Congress and Potus will approve it, USA would have a lawful right to place US troops at that territory. Because that territory would be USA by the law.
How about when USA invade before the referendum, is the referendum still valid?
If USA has legal military bases in a country – it is not invasion. Otherwise Germany or Poland are invaded by USA.
That’s the Objective Reality you were bragging with? : ) Germany lost WW2 so obviously it was invaded by All the Allies, while Poland officially asked for NATO bases.
Then I really don’t understand what’s your problem? If legally elected Cuban parliament will vote for referendum and people of Cuba will vote for joining the USA, and USA authorities will accept this wish, then Cuba will be 51st state of the United States.
Is that in your crystal ball with ‘objective realities’?
Good. Using the ‘crystal ball’ argument shows you can’t fight the logic.
You know a lot about logic, you just said the US army occupying Havana would be lawful.
Could you please show me the exact quote, where did I said that?
Q:How about when USA invade before the referendum, is the referendum still valid?
A:If USA has legal military bases in a country – it is not invasion. Otherwise Germany or Poland are invaded by USA.
Can’t see Cuba here.
Read the previous 2 comments, moron
Read it. It’s about “crystal ball” and the “quote”. Can you please be more exact.
The previous comments before “How about when USA invade before referendum” to “see Cuba”, moron.
Are you sure, that I said it? Read all our conversation and I never said that USA has legal military bas at Cuba. Fidel denounced the treaty in 1961, so USA has no legal permission to stay at Guantanamo.
https://uploads.disquscdn.com/images/ac674fe3083db973c7835ead1c69d7156a360d1bdd9df3e8ab7a1522078b1073.jpg Can you read?
Of course I can. Is there written that Venezuela or Cuba have legally placed USA military base? Correct me if I’m wrong, but there is no word about it. And once again: Guantanamo base is illegal, because Cuba denounced the treaty in 1961.
Good, we are using Cuba as an example for Crimea, so let’s compare them. What if USA would have invaded the whole Cuba in 1960 (before the blah blah), because they had a legal base in Guantanamo, the invasion would be legal?
Logically, we can not use Cuba as example for Crimea, because USA are illegally in there and there was not a referendum.
Yeah, using the words ‘logically’, ‘objective reality’ and other childish stuff makes you look more intelligent. People with common sense don’t talk like that. And the Crimea occupation was before the referendum so both the occupation and the referendum are illegal.
Well, I do remember people of common sense and how they organized anti-gun hysteria after a school shooting. On the 2nd amendment argument they always answered “it’s all about common sense”. Why do I’m saying this? Because those people live in their own dreams were guns, and not people, kill people.
And so do you. In your dreams Crimea rejoining with Russia was illegal because of “common sense” while in accordance with the international law all was 100% legal. Sorry, but I can’t bring you to the objective reality if you’re every morning intentionally getting the blue pill. Sorry dude, I gonna leave you in a sweat hugs of your wet dreams. Buenas noches.
I didn’t said : Crimea rejoining with Russia was illegal because of “common sense”. I said people with common sense don’t use in their argumentation “it’s logical” or “this is objective reality”, I realize you didn’t even pay attention to my comments, probably being in a rush to have the Final argument. I said the occupation of Crimea being illegal makes the referendum illegal because it happened after the occupation, not before. Ok, I live you with your strong logic, and fragile ego.
Dipshit, you are the only moron here, a completely brainless imbecile. Harry proved how stupid and clueless you are; your pathetic fallacies, comparing apples and oranges, only prove how retarded you are, nothing else. First, there are no americans living in Cuba, so your entire premise is just stupid, stuuuupid beyond belief. Also, Cuba WAS invaded by the US, they still illegally hold part of Cuban sovereign territory, stolen like the rest of “America”. Yet you, dumb pile of shite, dare to claim moral high ground? there are too many dead bodies buried on American moral high ground. You fucking moron.
Here’s what I found, tovarish ‘Harry’ https://euvsdisinfo.eu/report/russia-fully-respects-international-law-in-crimea-and-elsewhere/
You should be more selective in your sources. Most of the “evidence”, presented at that site already were discussed before. Let’s look at them once again.
1. The Charter of the United Nations, article 1, paragraph 2: “respect for the principle of equal rights and self-determination of peoples”
2. In July 22, 2010 International Court of Justice, in it’s decision declared that international law contains no “prohibition on declarations of independence.”
3. The Parliament of the Autonomous Republic of Crimea was elected in accordance with the Ukrainian constitution and at the moment of decision about referendum had the whole power of law.
In accordance with article 10, Chapter 4, of the Charter of the United Nations all resolutions of the General Assembly (UNGA) has no power of law but are just recommendations.
So you are saying that there is no difference. I tend to agree. At least no major difference.
The same spirit rules the world. The U.S. vs Russia is just like Republican vs Democrat.
Two sides of the same coin.
You mean the boundaries that were stolen from Ukraine ???????
Which stolen boundaries are you referring to? If you mean Crimea, they passed a referendum to separate from the Ukraine and apply to join Russia.Sort of like the referendum 25 years ago in Quebec to separate from Canada which narrowly failed.
Crimea was stolen from Russia you dumb ukrobitch with fake account.
Stolen???? Crimea seceded by overwhelming popular vote.
base on the question you put forward, shows that the upstairs department, is not your strongest point. Do you need a lolly pop?
Ask a question and get an insult. You are apparently the one who is mentally deficient. Answer the questions or keep your stupid mouth shut.
Russia and the U.S. are playing the world as idiots. And it is real easy to play someone like you.
I think you may need to do a reread of the article for your answers.
“It should also be reminded that Russia had the opportunity to discuss the Ukrainian’s sentences in court, but delays it, otherwise by now they would be serving prison sentences. Because of Poroshenko, who sent them there, and because of Zelensky, who instead of exchanging the sailors for detained Russian citizens, actually continues Poroshenko’s course and contributes to the long-term imprisonment of Ukrainian sailors;”
“Weapons detained on Ukrainian ships loaded with Ukrainian weapons and ammunition. Ukraine security chief admits intel agents were on board Navy ships during Kerch standoff”.
Russia would swap them for Russians held by the US in Ukraine, but the US won’t deal.
Point taken and point made. If you understand my meaning.
Would the US release them? The International Committee, no doubt run by those who have invested heavily in Ukraine and also regime change programmes elsewhere.
Remember who and what was on board those Ukrainian vessels?
Remember what the remit of their mission was?
Weapons detained on Ukrainian ships loaded with Ukrainian weapons and ammuniction…
http://www.bestchinanews.com/International/13235.html
Ukraine security chief admits intel agents were on board Navy ships during Kerch standoff … https://www.rt.com/news/444971-ukraine-intelligence-agents-kerch-standoff/
Please allow me to make a remark, which will correct the sense of the translated sentence:
In the original it says “send through the forest” which, in Russian, is very educated way to say somebody “fuck off”.
Please SF excuse me my lecturing you, but this mistranslating change drastically the initial meaning. Please pardon me being nerd, once again.
bravo for the correction, SF need all the help it can get. I had my wife translate it for me, but then not all have in the family russian speaking member’s. Good job.
International tribunal has no juridical power over happenings in Russian territorial waters. They can wipe their a$$ with that ruling :)
Perhaps Russia should release them anyway (what some mickey mouse tribunal says is irrelevant), these sailors were forced and deliberately sacrificed by the criminal maidanazi regime from Kiev. Russia showed strength, now show mercy, something like “we care about poor Ukrainians more than those degenerates in Kiev”.
Keeping them prisoner just gives the US and its minions something to whinge about.
Hang them, and the problem goes away.
Swap all of them for Julian Assange .
The Americans wouldn’t swap Assange for Trump or Clinton.
They have to kill Assange in a very public manner to prevent any other journalist telling the truth.
All America has left is its lies and guns, underneath the lies and bluster is a rotting corpse.
Its the 21st century version of burning heretic’s at the stake I suppose.
A positive side to all of this tyranny, is that there have always been bravehearted people who will not kneel to tyranny, and Julian Assange is certainly one of the brave.
Cue Mel Gibson :)
Actually I doubt Assange knew what he was getting into.
David Hicks doesn’t say a thing anymore, time in an American torture prison breaks most men.
Notice the Che Guevara shirt on one of the Uki sailors. He’s a volunteer trying to make a political statement! A small sign that this incident was a deliberate provocation.
“The tribunal ruling is a clear signal to Russia that it cannot violate international law with impunity,” It’s abundantly clear that Russian cannot strictly obey international law without getting sanctioned. Ukraine, on the other hand, has carte blanche, there is no restriction of the evils of empire and vassals.
“It should also be understood that if sanctions are imposed on Russia for the Kerch Strait and if Ukraine doesn’t exchange prisoners, these sailors will be in prison for a long time. Even if only to serve as an example that Russia would not bend to ultimatums.”
The problem with this statement is if you think like the Ukrainian leadership, this statement will make it less likely of any exchange taking place and make sanctions more likely – already a huge pile of sanctions, is there still room for more?
The ongoing incarceration of the Sailors in defiance of the ruling (illegitimate or not) will play well in the on-going MSM Russia bashing – this will include claims of Russia trampling rights of the sailors as they have no hope of a fair and just trial in Russia – in other words, like most trials in the West. I cautioned Russia against publicising sailor confessions shortly after their capture as it will be played as forced confessions out of coercion and even torture. This is in fact what happened.
Russia has room for improvement in going head to head with the monolithic Western propaganda apparatus. For example, consider the Russian response to the west accusing Russia of supplying the BUK system to the rebels allegedly used to shoot down a Malaysian commercial airliner. Russia was relying on facts to refute the allegations. Facts are important but I would have used the facts established by western media against them. The MSM can easily discredit Russian claims that contradict the official western narrative even if Russian counter-arguments are factual. But much more difficult to refute facts already established in MSM publications on the disaster.
For example, point out that Ukrainian air force jets following the commercial airliner lead the separatists to assume the commercial jet was a military jet, flying in formation with the two other jets. The almost immediate accusation of Russia supplying a BUK system strongly suggests the Ukrainian military had already concerned that the separatists might be supplied with advanced anti-aircraft systems from Russia such as the BUK that could endanger aircraft even if flying miles above the ground.
So it would seem reckless of Ukrainian military jets would fly in close proximity of a commercial airliner giving the appearance of flying in formation – something commercial airliners do not normally do. Also, if the Ukrainian military was concerned about separatists obtaining advanced air defence systems from Russia, whom they claim is providing direct military support to the separatists, it is unconscionable that the military did not provide guidance such that Ukrainian air traffic controllers would not allow any flight paths of civilian aircraft over an active conflict zone that potentially has advanced systems capable of destroying the aircraft.
I can go further but this is a good start. Let the western propaganda machine lay out their narrative and then look for opportunity to turn it around on them to bite them in the a__. The Malaysian disaster over Donbass provided plenty of opportunity…