The detention of Ukrainian ships near the Crimea: is Russia doing the right thing?
In Kiev, they found a new way to “annoy” Moscow: the UN International Tribunal for the Law of the Sea (ITLOS) received a complaint from Ukraine regarding the events in the Kerch Strait on November 25, 2018 and their natural consequences. The Foreign Ministry said that some “interim solutions” can be expected in a month.
This is far from Ukraine’s first attempt to “find a court” in Russian in international judicial and arbitration instances - it’s enough to recall at least the appeal to the UN Court in The Hague or the process it has started regarding, again, the “Kerch incident” in the Strasbourg ECHR. However, in the case of ITLOS, there are some nuances that should be addressed in detail.
The subtlety of this moment, its highlight, so to speak, is that both the UN International Tribunal for the Law of the Sea and the UN Convention on the Law of the Sea, which, in fact, is guided by its activities, are legal instruments exclusively for resolving disputes between states not at war. So to speak, the attributes of exclusively peacetime. At the same time, Kiev stubbornly and literally at all angles cries out about some kind of “Russian aggression”, “occupation”, “military operations” that our country is allegedly waging against Ukraine. In addition, more than a year has already passed since the ATO (Anti-Terrorist Operation) was renamed to OOS (Operation of the Joint Forces). Together, in the December martial law, this can be considered a declaration of war on Russia. Moreover, unlucky seafarers, who ended up in the Russian penitentiary at the behest of their unprincipled leadership for trying to illegally cross the state border, are persistently called “prisoners of war” by Ukraine. And how to be now?
It should be noted that just our country with all its actions is working precisely to ensure that in no case move the conflict to the "military plane" - cases of border violators are considered by civil, not military courts, they are kept in pretrial detention facilities of the general regime ... Not even the defendants wearing the Ukrainian military uniform that they were wearing at the time of their arrest is intended to emphasize: we are talking simply about citizens of another state who have committed a criminal offense under Russian law. And about no "prisoners of war" ... Ukraine behaves completely differently. It stubbornly tries to present the suppression of an attempt to violate the border as an "act of aggression" on the part of our country, to which it demands a military response from its "friends" from the NATO bloc. President Poroshenko demonstratively awards the "prisoners" with military awards, thereby emphasizing their "military status". And in general - the lie about the "war waged by Russia" does not leave the languages of the absolute majority of Ukrainian politicians.
According to reports, based on this situation, knowledgeable international lawyers categorically did not advise Kiev to even meddle with ITLOS with a similar approach. Incidents at sea during the conduct of hostilities are not considered there at all and using a completely different legal framework. However, for a long time no one was surprised by the habit of the Ukrainian authorities to try to sit on two (at least) chairs, and made itself felt here. Without stopping the lamentation about the “sufferings of prisoners of war”, the “whole winter” nevertheless decided to appeal to the International Tribunal, hoping to receive some dividends at any turn of the matter.
So, in Kiev, they seriously argue that "Russia can recognize the state of war" with its neighbor in order to "avoid prosecution." Then, then, expanse will come for Ukraine! In this case, they plan to “deprive Moscow of the veto in the UN Security Council” and almost expel our country from this organization! You cannot imagine anything stupid, of course ... However, those who believe in such a delusional scenario are a minority even among the politicians who are not very adequate. There are much more there who are hoping to make this trial the next link in that endless chain of lawsuits, scandals and claims by which Ukraine has carefully and consistently entangled Russia for years. The fact that Moscow does not recognize the most odious decisions, and the most impudent demarches invariably follows an adequate response, and the final consequences, in the end, turn out to be much more painful just for Kiev, does not stop anyone there.
“Even if the Russians ignore the ITLOS decision, it will help us in other courts against them!” - Khorhorovat in the Ministry of Foreign Affairs of Ukraine In addition, they even count on the return of their goofy "sea wolves" to their homeland, if the Maritime Court nevertheless decides. As a precedent, an example is given with the Dutch vessel Arctic Sunrise, also detained by Russian border guards in our Northern waters. If anyone has forgotten, the Greenpeace activist’s company aboard this vessel then tried to get into the Prirazlomnaya drilling platform with very unpleasant consequences. In the end, the ship was arrested, and the "environmentalists" in prison - first on charges of piracy, and then of malicious hooliganism. On board the Arctic Sunrise, drugs were discovered, yes, in addition to equipment that was clearly spyware. Things began to turn around with some completely bad side ...
It was then that the Netherlands turned to the United Nations International Tribunal for the Law of the Sea with a lawsuit against our country, stating that the rude and brutal Russians completely wrongly offended the white and fluffy conservationists. Moscow in response sent both the court and the plaintiffs to hell, saying that they could decide anything there, but they would have to answer to the Greenpeace and the team according to Russian laws. ITLOS ruled in favor of the Dutch, demanding the immediate release of the “illegally detained” and almost apologizing to them. The “progressive world community” immediately got involved in the case, right up to Paul McCartney and the Nobel Prize winners, who together unanimously scribbled tearful petitions to Vladimir Vladimirovich Putin, who was staring at the whole confusion with Olympic calmness.
The whistle that unfolded as a result was clearly not worth it to continue. And then there was the amnesty for the 20th anniversary of the Russian Constitution turned out to be extremely successful ... One way or another, but until the end of 2013, our country left its last “stricken place” on its bent legs and panting with delight, experienced upon release from the “terrible Russian dungeons” "Greenpeace." At that time, there were enough problems without them. On the other hand, the educational effect of everything that happened had a colossal effect! Since then, "environmentalists" in our waters in general and in the Russian Arctic, in particular, do not even show their nose! There are no icebreakers, they say ... Moscow is more than satisfied with this.
However, it is not clear on what basis in Kiev it is taken to draw parallels between two completely different cases! In the first, there was a trick by an international company of gouging, who decided to "hang out" on the Russian rig and had absolutely no idea who they decided to contact. The ship was purely civilian, not a single armed man (especially in uniform and with a military rank) was on board. In the second case, we are dealing with a completely deliberate border provocation of a country unfriendly to Russia, making territorial claims against it and conducting frankly subversive activities. The difference is palpable, it seems? Again, in 2013, there was no mention at all of the intensity of the West’s anger against Russia, the number of sanctions and threats that are being carried against us now. Then the Kremlin still seriously planned to negotiate, and did not depict the performance characteristics of the latest weapons, regularly driving our “friends” in shock.
Today, Ukraine can appeal to any courts, tribunals, arbitrations of any kind with the same result. Zero ... But all the moaning of singers, actors, physicists and lyricists trying to perform at Kiev "at a dance" and convince the Kremlin to go, first of all, against Russian laws, I’m sure will remain the voice of one crying in the desert. As it happened, for example, with the last angry squeak from the US Embassy in Ukraine, calling the decision to extend the detention of Ukrainian sailors who violated the border “terrifying” and demanding not just to let them go, but to do it “immediately”. Our country has made it very clear and unequivocal that in this case it will not change its position.
The actions of Ukraine, applying “for the truth” to the most ordinary international court, once again confirm the correctness of the formulations announced in our courts that there are no “Ukrainian prisoners of war” in Russia and are close, but there are sailors who have violated the law. If Kiev wants to expose itself in a completely stupid light in front of its partners from the West - this is his choice. We are always ready for a fair trial - and who said that it will certainly develop in favor of Ukraine?
This is far from Ukraine’s first attempt to “find a court” in Russian in international judicial and arbitration instances - it’s enough to recall at least the appeal to the UN Court in The Hague or the process it has started regarding, again, the “Kerch incident” in the Strasbourg ECHR. However, in the case of ITLOS, there are some nuances that should be addressed in detail.
Peace or war?
The subtlety of this moment, its highlight, so to speak, is that both the UN International Tribunal for the Law of the Sea and the UN Convention on the Law of the Sea, which, in fact, is guided by its activities, are legal instruments exclusively for resolving disputes between states not at war. So to speak, the attributes of exclusively peacetime. At the same time, Kiev stubbornly and literally at all angles cries out about some kind of “Russian aggression”, “occupation”, “military operations” that our country is allegedly waging against Ukraine. In addition, more than a year has already passed since the ATO (Anti-Terrorist Operation) was renamed to OOS (Operation of the Joint Forces). Together, in the December martial law, this can be considered a declaration of war on Russia. Moreover, unlucky seafarers, who ended up in the Russian penitentiary at the behest of their unprincipled leadership for trying to illegally cross the state border, are persistently called “prisoners of war” by Ukraine. And how to be now?
It should be noted that just our country with all its actions is working precisely to ensure that in no case move the conflict to the "military plane" - cases of border violators are considered by civil, not military courts, they are kept in pretrial detention facilities of the general regime ... Not even the defendants wearing the Ukrainian military uniform that they were wearing at the time of their arrest is intended to emphasize: we are talking simply about citizens of another state who have committed a criminal offense under Russian law. And about no "prisoners of war" ... Ukraine behaves completely differently. It stubbornly tries to present the suppression of an attempt to violate the border as an "act of aggression" on the part of our country, to which it demands a military response from its "friends" from the NATO bloc. President Poroshenko demonstratively awards the "prisoners" with military awards, thereby emphasizing their "military status". And in general - the lie about the "war waged by Russia" does not leave the languages of the absolute majority of Ukrainian politicians.
According to reports, based on this situation, knowledgeable international lawyers categorically did not advise Kiev to even meddle with ITLOS with a similar approach. Incidents at sea during the conduct of hostilities are not considered there at all and using a completely different legal framework. However, for a long time no one was surprised by the habit of the Ukrainian authorities to try to sit on two (at least) chairs, and made itself felt here. Without stopping the lamentation about the “sufferings of prisoners of war”, the “whole winter” nevertheless decided to appeal to the International Tribunal, hoping to receive some dividends at any turn of the matter.
What is Kyiv counting on?
So, in Kiev, they seriously argue that "Russia can recognize the state of war" with its neighbor in order to "avoid prosecution." Then, then, expanse will come for Ukraine! In this case, they plan to “deprive Moscow of the veto in the UN Security Council” and almost expel our country from this organization! You cannot imagine anything stupid, of course ... However, those who believe in such a delusional scenario are a minority even among the politicians who are not very adequate. There are much more there who are hoping to make this trial the next link in that endless chain of lawsuits, scandals and claims by which Ukraine has carefully and consistently entangled Russia for years. The fact that Moscow does not recognize the most odious decisions, and the most impudent demarches invariably follows an adequate response, and the final consequences, in the end, turn out to be much more painful just for Kiev, does not stop anyone there.
“Even if the Russians ignore the ITLOS decision, it will help us in other courts against them!” - Khorhorovat in the Ministry of Foreign Affairs of Ukraine In addition, they even count on the return of their goofy "sea wolves" to their homeland, if the Maritime Court nevertheless decides. As a precedent, an example is given with the Dutch vessel Arctic Sunrise, also detained by Russian border guards in our Northern waters. If anyone has forgotten, the Greenpeace activist’s company aboard this vessel then tried to get into the Prirazlomnaya drilling platform with very unpleasant consequences. In the end, the ship was arrested, and the "environmentalists" in prison - first on charges of piracy, and then of malicious hooliganism. On board the Arctic Sunrise, drugs were discovered, yes, in addition to equipment that was clearly spyware. Things began to turn around with some completely bad side ...
Bad precedent
It was then that the Netherlands turned to the United Nations International Tribunal for the Law of the Sea with a lawsuit against our country, stating that the rude and brutal Russians completely wrongly offended the white and fluffy conservationists. Moscow in response sent both the court and the plaintiffs to hell, saying that they could decide anything there, but they would have to answer to the Greenpeace and the team according to Russian laws. ITLOS ruled in favor of the Dutch, demanding the immediate release of the “illegally detained” and almost apologizing to them. The “progressive world community” immediately got involved in the case, right up to Paul McCartney and the Nobel Prize winners, who together unanimously scribbled tearful petitions to Vladimir Vladimirovich Putin, who was staring at the whole confusion with Olympic calmness.
The whistle that unfolded as a result was clearly not worth it to continue. And then there was the amnesty for the 20th anniversary of the Russian Constitution turned out to be extremely successful ... One way or another, but until the end of 2013, our country left its last “stricken place” on its bent legs and panting with delight, experienced upon release from the “terrible Russian dungeons” "Greenpeace." At that time, there were enough problems without them. On the other hand, the educational effect of everything that happened had a colossal effect! Since then, "environmentalists" in our waters in general and in the Russian Arctic, in particular, do not even show their nose! There are no icebreakers, they say ... Moscow is more than satisfied with this.
However, it is not clear on what basis in Kiev it is taken to draw parallels between two completely different cases! In the first, there was a trick by an international company of gouging, who decided to "hang out" on the Russian rig and had absolutely no idea who they decided to contact. The ship was purely civilian, not a single armed man (especially in uniform and with a military rank) was on board. In the second case, we are dealing with a completely deliberate border provocation of a country unfriendly to Russia, making territorial claims against it and conducting frankly subversive activities. The difference is palpable, it seems? Again, in 2013, there was no mention at all of the intensity of the West’s anger against Russia, the number of sanctions and threats that are being carried against us now. Then the Kremlin still seriously planned to negotiate, and did not depict the performance characteristics of the latest weapons, regularly driving our “friends” in shock.
Today, Ukraine can appeal to any courts, tribunals, arbitrations of any kind with the same result. Zero ... But all the moaning of singers, actors, physicists and lyricists trying to perform at Kiev "at a dance" and convince the Kremlin to go, first of all, against Russian laws, I’m sure will remain the voice of one crying in the desert. As it happened, for example, with the last angry squeak from the US Embassy in Ukraine, calling the decision to extend the detention of Ukrainian sailors who violated the border “terrifying” and demanding not just to let them go, but to do it “immediately”. Our country has made it very clear and unequivocal that in this case it will not change its position.
The actions of Ukraine, applying “for the truth” to the most ordinary international court, once again confirm the correctness of the formulations announced in our courts that there are no “Ukrainian prisoners of war” in Russia and are close, but there are sailors who have violated the law. If Kiev wants to expose itself in a completely stupid light in front of its partners from the West - this is his choice. We are always ready for a fair trial - and who said that it will certainly develop in favor of Ukraine?
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