On 25 November this year, three vessels
of the Ukrainian navy approached the Kerch Strait which separates Crimea
from the Russian mainland. They came from the Black Sea side of the
Strait, which leads in turn to the Sea of Azov.1
Passage of shipping through this narrow
Strait is governed by general international law and in the case of
Russia and Ukraine by a specific treaty signed between the two countries
on 24 December 2003.
It is clear from the detailed timeline
released by the Russian Federal Security Service (FSB) on 26 November
that the actions of the Ukrainian ships were in violation of both the
treaty and the provisions of the United Nations Convention on the Law of
the Sea (UNCLOS).
Subsequent to the seizure of the three
Ukrainian vessels by the FSB, documents discovered on one of the ships
clearly indicated that the ships were under instructions to act
“covertly” in passing under the Kerch Bridge.
There is no obvious innocent reason for
the ships to act covertly. The treaty provides specific procedures for
transiting the narrow strait. These arrangements are primarily for
safety reasons, but also the legitimate security concerns of the Russian
Federation, also guaranteed under UNCLOS.
Given that the ships were also
traversing Russia’s territorial waters there is no question that Russia
had appropriate jurisdiction to direct the Maritime traffic.
UNCLOS also provides a right of
“innocent passage” (Article 19) and that term is clearly defined in the
Convention. For the detailed reasons set out in the timeline provided by
the FSB including but not limited to the uncovering of artillery
installations on board the ships and directing them towards the Russian
naval vessels, the Ukrainians were manifestly not in “innocent passage.”
Western reporting of the incident
however, has seen a repetition of their stale arguments about “Russian
aggression.” There have been constant references to Russia’s
“annexation” of Crimea. The usual intemperate voices in the United
States have demanded that NATO ships be sent to the Sea of Azov, which
betrays a fundamental ignorance of geography, let alone Russia’s
defensive capabilities in that region.............https://journal-neo.org/2018/12/04/the-kerch-bridge-incident-points-to-wider-issues/
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