On October 11, the Arbitration Tribunal for the Law of the Sea of the International Court of Justice began hearings on the case of Russia’s seizure of Ukrainian ships and sailors in the Black Sea near the Kerch Strait in November 2018. About it informs Ministry of Foreign Affairs of Ukraine. As noted, the hearings will also concern Russia’s denial of the jurisdiction of the Arbitration.
The Ukrainian Foreign Ministry recalled that on November 25, 2018, Russia arrested three Ukrainian naval ships and 24 members of their crews. Criminal cases were initiated against the sailors, and they spent 9.5 months under arrest. The captured ships were returned to Ukraine only a year later.
However, according to the UN Convention on the Law of the Sea, warships and their crews are endowed with absolute immunity, prohibiting foreign states from inspecting, seizing, maintaining a ship and prosecuting.
“Such actions of the Russian Federation are a violation of the fundamental principles of international law. Ukraine has already proved a gross violation of international law by the Russian Federation, when the International Tribunal for the Law of the Sea imposed binding interim measures that required Russia to immediately release three Ukrainian naval vessels and 24 detained Ukrainian sailors, ”the Foreign Ministry said in a statement. 19 out of 20 judges voted for this decision. Only a judge from Russia was against.
Later, the Russian authorities appealed against this decision. At the hearings on October 11, the position of the Russian Federation will be presented.
On November 25, 2018, Russian border guards fired at and seized in the Black Sea near the Kerch Strait, the boats of the Ukrainian Naval Forces “Berdyansk” and “Nikopol”, as well as the tugboat “Yana Kapu”, which were returning to Odessa after trying to enter the Sea of Azov. 24 Ukrainian sailors were arrested and taken to Moscow. Them indicted in illegal crossing of the border of the Russian Federation.
On September 7, 2019, an exchange of detainees took place between Ukraine and the Russian Federation in the “35 to 35” format. Among those who returned to their homeland were captured sailors. Then the captured ships were returned. True how claimed in the Ukrainian Navy, before that the Russians “ditched” the ships, even removing the sockets and toilets from them.
Ukraine on May 22, 2020 filed a complaint against the actions of the Russian Federation to the International Tribunal for the Law of the Sea, submitting a memorandum with explanations in the case of the seizure of ships and sailors.
A case can take from three to five years.