Not its jurisdiction: Russia reacts to ITLOS decision to release Ukrainian sailors

Source : 112 Ukraine

The Russian side insists that the UN Convention on the Law of the Sea can not be involved in resolving the dispute between Moscow and Kyiv on the incident near the Kerch Strait
18:21, 25 May 2019
Open source
The Russian Ministry of Foreign Affairs declares that the incident with the Ukrainian sailors in the Kerch Strait region is not within the jurisdiction of the United Nations International Tribunal for the Law of the Sea. The corresponding message is posted on the website of the Russian diplomatic department.

"In the course of the subsequent arbitration, we intend to consistently defend our position, including the absence of arbitration jurisdiction to consider this situation," it says.

According to the Russian side, the statements made by Russia and Ukraine upon signing and ratifying the UN Convention on the Law of the Sea of 1982 exclude the possibility of using the Convention’s dispute resolution procedures regarding the incident that occurred in the Kerch Strait in November 2018.

At the same time, the Ministry of Foreign Affairs of Russia did not mention how it would act in connection with the demand of the International Tribunal for the release of Ukrainian sailors and naval ships.
Related: ITLOS obliges Russia to report on release of Ukrainian sailors no later than June 25

Today, May 25, the Tribunal demanded from Russia to immediately release 24 Ukrainian sailors and ships that were seized near the Kerch Strait in the fall of last year, and ensure their return to Ukraine.

Only the Russian judge Kolodkin was against the decision.

Russia did not send its official representative to the hearing, and also refused to provide materials, but according to the current international law, it is still obliged to comply with the decisions taken by the court.

The International Tribunal for the Law of the Sea is awaiting the release by the Russian side of Ukrainian sailors na later than June 25, 2019.
We recall, on November 25, 2018, Russian border guards seized the Ukrainian Yana Kapu raid tug and small armored artillery boats Berdyansk and Nikopol of the Naval Forces of Ukraine in the Kerch Strait area, using weapons.

As a result of the incident, 24 Ukrainian sailors were detained and arrested. They were transported from Crimea to the Moscow Lefortovo detention facility. In addition, three Ukrainian sailors wounded during the shelling by the Russians were transferred to the Prison Hospital.
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