Russia "violated a fundamental principle" of sea law in Kerch Strait incident - Ukrainian FM spox

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Mandatory Credit: PCA-CPA

The director of Ukraine’s Foreign Ministry’s international law department, Oksana Zolotaryova, gave a statement on the Kerch Strait incident of 2018 at The Hague on Tuesday.

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SOT, Oksana Zolotaryova, Director of Ukrainian Foreign Ministry’s international law department: “The Russian Federation has violated a fundamental principle of the law of the sea: The immunity of warship[s]. The United Nations Convention of the Law of the Sea (UNCLOS) guarantees this immunity. It means that the Ukrainian naval vessels the ‘Nikopol’, the ‘Berdyansk’ and the Yany Kapu’ are an expression of our sovereignty and they must be respected as such.”

SOT, Oksana Zolotaryova, Director of Ukrainian Foreign Ministry’s international law department: “We are here to not defend just Ukraine, but the rule-based international order on the seas. Ukraine also has another reason for this case. We pursue this case for 24 of our great servicemen, who suffered because of Russia[‘s] disrespect for international law. For nine and a half months Russia took away their liberty and kept them from their families. Russia treated them as criminals. Russia detained them in poor conditions in the notorious Lefortovo prison and Russia forced them to sit in cages in the courts. My entire country and the whole world watched these brave Ukrainian men.”

SOT, Oksana Zolotaryova, Director of Ukrainian Foreign Ministry’s international law department: “Russia does not want this tribunal to hear Ukraine’s case. It seeks to avoid dispute settlement under UNCLOS (United Nations Convention on the Law of the Sea), even though Russia concerted to it. Russia believes it can violate international law without consequences. Russia is mistak[en]. Many of its arguments have already been rejected by the International Tribunal for the Law of the Seas (ITLOS). The ITLOS issued an order acquiring Russia to immediately release Ukrainian warships and servicemen. It was a common-sense order adopted by 19 votes to one. ITLOS found [inaudible] jurisdiction to issue that order.”

SOT, Oksana Zolotaryova, Director of Ukrainian Foreign Ministry’s international law department: “This week, all Ukrainians ask for the tribunal [to do,] is to follow a similar path and recognise its jurisdiction over this dispute. We believe the record before you establishes your jurisdiction beyond doubt. Ukraine will demonstrate that Russia’s attempt to escape accountability must be rejected. These attempts are not based on sound principles of international law. In fact, they are inconsistent. When it suits Russia to call something a law enforcement activity, it does so. But when they believe it helps them, they say instead, it is a military activity. When Russia first arrested our vessels, it invoked UNCLOS (United Nations Convention on the Law of the Sea) as justification. But now Russia sees, that UNCLOS does not govern their actions. The only point on which Russia is consistent [is] that it should not be accountable for its actions.”

SOT, Oksana Zolotaryova, Director of Ukrainian Foreign Ministry’s international law department: “Russia has also trouble with facts. Throughout yesterday’s presentations, you were told that there was no real dispute about the facts, so I was very surprised to hear a number of statements that are not based on reality. I know the record of this case and the testimony of our servicemen. They tell a very different story. You were also presented yesterday with a false picture of what the dispute is about and an incorrect approach UNCLOS (United Nations Convention on the Law of the Sea). Today, we will show you what the dispute actually concerns.”

SOT, Oksana Zolotaryova, Director of Ukrainian Foreign Ministry’s international law department: “We should pause here to acknowledge what all world knows. The disputes between Ukraine and Russia are complex and multifaceted. Many were of them serious in nature. Ukraine is witnessing blatant violations of international law by Russia on a daily basis. But even for us, Russia’s arrest of our warships was a shocking event and while our disputes are many, we are before you to solve a narrow issue under UNCLOS (United Nations Convention on the Law of the Sea), regarding Russia’s affront to Ukraine’s sovereignty, when it arrested and detained our warships and men.”

SOT, Oksana Zolotaryova, Director of Ukrainian Foreign Ministry’s international law department: “The ‘Berdiansk’, the ‘Nikopol’ and the’Yany Kapu’ and 24 servicemen on board were illegally arrested almost three years ago. Ukraine asks the tribunal to promptly move to the merits of the case. On behalf of my country, I thank you for your attention to this important case. We secure leave, so that Ukraine can finally obtain justice, accountability and compensation for our brave servicemen and defend the well-recognised principle of absolute immunity for our vessels.”

Video on Demand: https://ruptly.tv/videos/20211012-037