24 December 2024
The Permanent Court of Arbitration in Hague Continues to Examine the Case of Russian Seizure of Ukrainian Vessels in the Kerch Strait
The Permanent Court of Arbitration (PCA) in The Hague, established under Annex VII of the 1982 United Nations Convention on the Law of the Sea (UNCLOS), is continuing its examination of the case related to the detention of Ukrainian naval vessels and their crews by the Russian Federation. The events of November 25, 2018, in the Kerch Strait, where Russian forces seized the Ukrainian boats Berdiansk, Nikopol, and the tugboat Yani Kapu, along with 24 Ukrainian sailors, have raised significant international concern.
The Ministry of Foreign Affairs of Ukraine has reported that during 2023–2024, the parties exchanged written submissions, the contents of which remain confidential until the commencement of oral hearings, as stipulated by Article 28 of the Tribunal’s Rules of Procedure. Meanwhile, the Russian side has attempted to disrupt the proceedings by accusing arbitrators of “bias” and “favorable attitudes toward Ukraine,” citing the full-scale Russian invasion of Ukraine in February 2022.
The primary objective of this case is to establish Russia’s violation of the absolute immunity of military vessels and their crews, as enshrined in international maritime law. Absolute immunity prohibits foreign states from arresting, detaining, or prosecuting warships of another state. Ukraine seeks to hold Russia accountable for breaching UNCLOS and demands appropriate compensation, including reparations for the unlawful detention of its sailors.
A ruling by the International Tribunal for the Law of the Sea (ITLOS) dated May 25, 2019, mandated that Russia immediately release the Ukrainian vessels and their crews. However, Russia failed to comply with this legally binding order, flagrantly violating international law. Despite this, in June 2022, the PCA reaffirmed its jurisdiction over the case, rejecting Russia’s objections following hearings in October 2021.
The Ministry of Foreign Affairs of Ukraine underscores that this case is crucial for restoring justice and ensuring compensation for the damages caused by Russia’s actions. Ukraine is determined not only to secure recognition of Russia’s violations, but also to obtain adequate reparations, including moral and material compensation for the affected Ukrainian sailors.
On November 25, 2018, Ukrainian naval vessels were conducting a planned passage through the Kerch Strait when the Russian Federation accused them of “illegally crossing the border” and used armed force to detain them. In September 2019, the sailors were released as part of a prisoner exchange, but the vessels were returned to Ukraine in a looted condition only in November 2019.
Ukraine hopes for a fair resolution of the case in The Hague and calls on the international community to intensify pressure on Russia to comply with international law and tribunal decisions. A favorable outcome in this case will represent a significant step toward safeguarding the rights of sovereign nations and strengthening the rule of law globally.