INTRODUCTION:

On 25^th November 2018, an international incident took place wherein the Russian Federal Security Service (FSB) coast guard besieged after shooting on the three Ukrainian navy vessels which attempted to transit from the Black Sea to the Azov Sea through the Kerch Strait with the objective of reinforcing the small Ukrainian naval force at the Mariupol and Baryansk ports.

Earlier in 2014, Crimean peninsula had been annexed by Russian Federation which was internationally recognized as a Ukrainian territory. Later on Crimean Bridge was constructed on it. Also, under a treaty signed in 2003 between the two countries allowed free access of the start and the Sea of Azov as they were termed to be shared water territory for both countries, according to which Ukrainian- and Russian-flagged ships, both merchant ships and state non-commercial vessels, had a right to free navigation in the Strait of Kerch and Sea of Azov, which the sides considered the internal waters of Ukraine and Russian Federation.

This incident which was to be implemented in the Russian border and in the coast areas of Black Sea termed by the Ukrainian government as a prospective progenitor of a Russian invasion, and proclaimed martial law, expired on 26^th December 2018. Whereas, the Russian Government characterised it as a calculated provocation by Ukraine’s President Poroshenko before the 2019 elections.

Russia’s naval suppression of the three Ukrainian vessels which sought to traipse through the Kerch Strait was an indication of Moscow’s strategy to sabotage Ukraine so as to gain domestic, political as well as strategic goals.

The role of united nations in the kerch strait incident:

The incident between Ukrainian and Russian flagged vessels in the Kerch Strait and the Black Sea were Russian vessels blocked, rammed and later fired upon the Ukrainian vessels illustrates some aspects of the international law namely:

· Treaties are agreements between nations and are the law between the signatories to said Treaty.

· Under International Maritime Law and the Law of the Sea, vessels are entitled to the right of passage in international waters.

· International waters begin 12 miles off the coast of a nation.

The attack occurred along the International Waters. The Ukrainian vessels were denied passage through the Kerch Strait which violated a treaty between the Ukraine and Russian Federation. An agreement between the Ukraine and Russia Federation guaranteed each other’s vessels the right of use and passage in the Sea of Azov and the Kerch Strait which are considered as internal waters. Crucially, as Bellingcat has showed, Ukrainian and Russian data agree that the attack took place in the Black Sea more than 12 nautical miles off the coast of Russian-occupied Crimea—that is, in international waters. (Cruickshank, 2018) The Russian action was indefensible, particularly as the Ukrainian ships were clearly heading away from the Kerch Strait when attacked.

Under International Law the attack of a vessel in international waters are treated as acts of war. States bordering the Black Sea are members of the EU. Member states of the EU have protection under protocols with NATO signatory nations. Military assets including, navel assets, military material, anti-missile facilities and necessary support thereof are maintained with EU member nations bordering the Black Sea with the USA.

On 26^th November 2018, an emergency meeting was called by Russian Federation of the UNSC i.e. the United Nations Security Council. The agenda given by them for this session was termed as “violation” of its borders but was dismissed by seven to four votes including four abstentions. That first agenda item was rejected by a procedural vote of 7 against (France, Kuwait, Netherlands, Poland, Sweden, United Kingdom, United States) to 4 in favour (Bolivia, China, Kazakhstan, Russian Federation), with 4 abstentions (Côte d’Ivoire, Equatorial Guinea, Ethiopia, Peru) (UN, 2018). Ukraine too called for an emergency UNSC session following the seizing of its naval vessels, the United Nations top political official urged restraint from both sides to prevent dangerous escalation.

The Under-Secretary-General said that while the United Nations was unable to verify the circumstances independently, reports indicated that several Ukrainian sailors were wounded when at least one Russian Federation vessel seized control of three Ukrainian vessels off Crimea in the Kerch Strait. Recalling the increase of tensions around the Sea of Azov since the annexation of Crimea by the Russian Federation in 2014, she recalled the proceedings initiated by Ukraine under the 1982 United Nations Convention on the Law of the Sea concerning freedoms in the waters of the region and the Russian Federation's denial of the court's jurisdiction in the event. As well, she underlined the need to fully respect the sovereignty and territorial integrity of Ukraine (UN, 2018).

During the said meeting, while maximum number of the Council members seconded the Under-Secretary-General’s call for restraint, as well as the warning of conflicts predicted by her in case of escalation of this conflict, at the same time many addressed the need for dialogue and negotiations under the Minsk agreements, and some emphasized the need to respect the sovereignty and territorial integrity of Ukraine.

On 17^th December 2018, The General Assembly resorted to a resolution which asked the Russian Federation to withdraw its military forces from Crimea and also to terminate the temporary occupation of Ukraine’s territory which was supposed to be held in its custody in the very near future. But, at the same time, it rejected the amendment according to which both sides would have called upon an investigation on the events of November.

While accepting the implementation of the resolution “The problem of militarization of the Autonomous Republic of Crimea and the city of Sevastopol (Ukraine), as well as parts of the Black Sea and the Sea of Azov” (document A/73/L.47), by a record vote of 66 in favour to 19 against, with 72 abstentions, (UN, 2018) the Assembly on 25^th November 2018 expressed concern regarding the use of force by the Russian Federation against Ukraine, including seizing three Ukrainian vessels. It also called for the release of Ukraine’s vessels and crew members if captured by it.

According to the terms of “L.47”, Assembly sought to de-escalate the situation immediately. It also condemned the Russian Federation’s construction and opening of the Kerch Strait bridge between the Russian Federation and temporarily occupied Crimea, which facilitated the further militarization of Crimea.

The Assembly further criticized the excessive military presence held by the Russian Federation in parts of the Black Sea and the Sea of Azov. It asked the Russian Federation from refraining from enabling the delay of the lawful exercise of navigational rights and freedoms and pointed out that the presence of Russian troops in Crimea was not in accordance with the territorial integrity of Ukraine.

Later on 15^th February 2019, the Office of the United Nations High Commissioner for Human Rights characterised imprisoned Ukrainian officers as being prisoners of war and asked them to be protected against violation as well as ensuring medical provisions for them.

On 20^th February 2019, Ukraine's President, Petro Poroshenko, announced that 7% of Ukraine's territory, including Crimea and eastern parts of the Donetsk and Luhansk regions, was still under occupation, with nearly 13,000 people being killed and more than 28,000 wounded in the war that started in 2014, though calling for peaceful settlement of the conflict in Ukraine, stressing sovereign support, territorial integrity of Crimea, Donbas Region (UN,2019).

Further on 25^th May 2019, Russia was called to release the naval ships as well as the Ukrainian workforce who had been previously captured by the implication of International Tribunal for the Law of the Sea. Next, on 7^th September 2019, the 24 captured servicemen were sent back to Ukraine in lieu of prisoners. Lastly, on 18^th November 2019, Ukraine had finally succeeded in receiving the captured naval vessels in the sea not far from Crimean cape Opuk. Russia held back ammunition from these ships such as documents, ledgers and weapons as criminal evidence from the event.

Fig.1: Reported route of Ukrainian flotilla

Importance of united nations in the kerch strait incident:

International actors played a very crucial role in prevention and resolution of conflicts, especially in this scenario. During the time of this incident, military aggression prevailed between the two countries and it was pertinent for Ukraine to strengthen its existing instruments as well as initiating improvements and improvising the practical provisions at the disposal of the international community in order to increase efficiency of their efforts taken for prevention and resolution of problems which is collective in nature. It is especially pertinent in the present world, where the atmosphere of trust and confidence is extremely difficult to sustain. Instead, aggression and hostile policies and actions have set the tone for different forms of interactions among nations. Indeed it is a true fact that United Nations as a universal body upholds a specific level of legitimacy which is unique in its own exercise, while playing an active role in prevention of potential conflicts and addressing the ongoing ones. President Poroshenko of Ukraine suggested a more robust practical cooperation between the United Nations and the Organization for Security and Cooperation in Europe. The OSCE remains at the forefront of international efforts to contribute to the resolution of the Russian-Ukrainian conflict and its Special Monitoring Mission has developed into being a crucial part to find conflict solutions via political efforts. The reports of this mission become an important informational source on the actual situation which was taking place in the temporally occupied areas of Ukraine, accompanying the presence of Russian Federation who had regular supply of armaments through the Ukraine-Russia state border, which was a highly uncontrolled segment. President Poroshenko of Ukraine also suggested the idea of establishing a full-fledged UN Security Council which would be kept in charge of peacekeeping in the occupied territories of Donbas region of Ukraine.

Political-diplomatic resolution of any conflict requires confidence between the nations, to ensure that a country’s own interests will be protected. From this perspective, the resolution passed by the UN for releasing the Ukrainian political prisoners and illegally detained persons, including the crews of the three Ukrainian Navy vessels captured on 25^th November 2018, as well as restoration of the freedom of navigation through the Kerch Strait and in the Sea of Azov, served as a valuable pedestal for Moscow’s willingness to resolve the crisis between the nations.

CONCLUSION:

The events following the Kerch Incident of November 2018 can be seen as a benchmark activity between the two countries which had shaped its relation with one another as well as their relation with the UN and its member counties. Although the conflict between the two counties regarding Kerch Strait and its neighbouring territories have been prevalent as early as 1995, the treaty signed between the two countries had smoothened the tensions between them considerably as the sea was now considered as an international asset and both countries had equal access to it. But following the events of 2014, the conflict had resurfaced again. This event of 2018, was then seen as an ongoing aggression since 2014 in violation of the Charter of the United Nations as Russia’s conduct. This conduct had therefore violated not only the bilateral treaty of 2003, but also UNCLOS. But it was not considered to be a violation of UNCLOS since law of naval warfare often displaces the law of sea due to the presence of an IAC. Also, Russia’s treatment of the captured Ukrainian servicemen violated international humanitarian law as these people were to be treated as prisoners of war rather than criminal prisoners. UN’s involvement in systematically solving this problem through standard procedures had great importance in this conflict. By the resolution made by the UN in September 2019, Russia had returned these captured servicemen in exchange of prisoners, following which the returning of Ukrainian naval vessels in November 2019. Russia’s naval suppression of the three Ukrainian vessels which sought to traipse through the Kerch Strait showed a form of indication towards territorial domination over Ukraine, which had been brought into considerable amount of control through the actions of UN as well as security for the Ukrainian state.

NOMENCLATURE:

FSB-Federal Security Service

NATO-North Atlantic Treaty Organization

EU-European Union

USA-United States of America

UNSC-United Nations Security Council

L.47-United Nations General Assembly Resolution A/73/L.47

OSCE-Organization for Security and Co-operation in Europe

UNCLOS-United Nations Convention on the Law of the Sea

IAC-International Armed Conflict

CONFLICT OF INTEREST:

The authors declare no conflict of interest.

REFERENCES:

1. “Address of Ukraine’s ambassador to UN Security Council on Kerch Strait incident (Transcript),” Kyiv Post, November 28, 2018, at: https://www.kyivpost.com/ukraine-politics/address-of-ukraine-to-the-un-security-council-on-kerch-strait-incident-transcript.html; “Russia and Ukraine involved in Black Sea naval standoff,” Reuters, November 25, 2018, at:https://in.reuters.com/article/ukraine-crisis-russia/russia-and-ukraine-involved-in-black-sea-naval-standoff-idINL8N1Y00C2

2. Image :- Moscow-Russia Naval Clash; Source Retrieved from - https://www.bbc.com/news/world-46345317

3. “Ukraine - Russia clash: MPs back martial law,” BBC News, November 27, 2018, at: https://www.bbc.com/news/world-europe-46352367

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Received on 13.12.2019 Modified on 18.01.2020

Int. J. Rev. and Res. Social Sci. 2020; 8(1):13-16.

DOI: 10.5958/2454-2687.2020.00005.2