Incident off the Crimea in 2018

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Incident off the Crimea in 2018
Russian ship Don during the attack on the Ukrainian tug Jany Kapu from the perspective of an involved patrol boat
Russian ship Don during the attack on the Ukrainian tug Jany Kapu from the perspective of an involved patrol boat
date November 25, 2018
place Black Sea , Kerch Strait
output • Ukrainian seamen in custody
• Ukrainian boats confiscated
• Blockade of the Sea of ​​Azov and the Kerch Strait
Parties to the conflict

RussiaRussia Russia
Don ( Sorum class )
Isumrud ( Rubin class )
Suzdalets ( Grischa class )
2 gunboats Schmel
patrol boats ( Sobol class and Mangust class )
2 Kamow Ka-50
2 Sukhoi Su-25

UkraineUkraine Ukraine
Jany Kapu (tugboat)
Berdyansk ( Hjursa class )
Nikopol (Hjursa class)

Commander

RussiaRussia Vladimir Vladimirovich Putin

UkraineUkraine Petro Poroshenko

losses

0

3–6 injured

Events and battles of the
war in Ukraine

On November 25, 2018, a military clash between the Russian Federation and Ukraine occurred in the Kerch Strait off the coast of the Crimean peninsula . Ships of the coast guard of the border troops of Russia , which are under the secret service FSB , shot at and boarded a tug and two patrol boats of the Ukrainian Navy , which were on their way to the Ukrainian port city of Mariupol .

In February 2014 Russia occupied Crimea and annexed it as a federal subject of Russia . Ukraine and the majority of the international community and scholars continue to regard Crimea as Ukrainian territory and the annexation to be contrary to international law .

In the specific case, Russia accused Ukraine of violating Russian territorial waters . The international law of the sea ​​convention of 1982 allows free passage for any ship of any neutrality, including Ukrainian ships. In addition, in a treaty dated December 24, 2003, Russia and Ukraine guaranteed each other free passage from the Black Sea to the Sea of ​​Azov .

Three to six Ukrainian seamen were injured in the attack, the crews were arrested by Russian special forces and the three boats were confiscated. In May 2019, the International Tribunal for the Law of the Sea sentenced Russia and called for the immediate release of Ukrainian seafarers. In September of the same year, the seamen were released as part of a prisoner exchange.

background

As early as 2003, there were Russian-Ukrainian border disputes over the island of Tusla in the Kerch Strait, after Russia began to connect the Ukrainian island with mainland Russia by dams. To date there has been no agreement on the common maritime border. The disputes already related to the Kerch-Jenikalsker Canal , running west of Tusla and thus also located on the Ukrainian sea area after the Soviet Union had drawn the borders, as well as the corresponding rights of passage into the Sea of ​​Azov.

At the end of 2013, there were still no agreements on the establishment of the sea border, even though a contract for the joint use of the Sea of ​​Azov and the Kerch Strait was signed in December 2003.

In February 2014, special forces of the Russian Federation occupied the Ukrainian peninsula of Crimea (see Green Men and Russian Intervention in Crimea ), which was finally annexed by Russia. Since then, Russia has seen Crimea as its federal subject . Crimea is Ukrainian under international law and continues to be recognized by the majority of the member states of the United Nations as part of Ukraine (see resolution 68/262 and its assessment under international law ).

Russia has controlled both sides of the Kerch Strait since annexing Crimea . This approximately 40 km long strait connects the Black Sea with the Sea of ​​Azov . Ships can only navigate the Sea of ​​Azov and the Ukrainian ports of Mariupol , Berdyansk and Henichesk located there via the Kerch Strait . Russian control of both sides of the strait allows Russia to disrupt Ukrainian and international shipping traffic and cut off routes to Ukrainian ports. The obstruction to shipping has increased since the construction of the Crimean Bridge . The bridge was built so low that only ships no higher than 33 meters can pass under it. Disruptions also arise from the fact that the Russian domestic secret service FSB is stopping more and more Ukrainian and foreign ships for hours or even several days, sometimes searching them several times and interrogating the ship's crews. Overall, the Russian Navy has increased its presence and relocated warships of the Caspian Flotilla in the Sea of ​​Azov. While Russia claims to have 120 warships in the water, Ukraine has to make do with older patrol boats. 70% of Ukrainian ships were lost after the annexation of Crimea.

Maritime situation

In 2003, Russia and Ukraine signed a bilateral agreement under international law on the common use of the Sea of ​​Azov and the Kerch Strait, which defines the two waters as “ common internal waters ”. The treaty was ratified by Russia on April 22, 2004 . It has not yet been terminated by either side and is therefore still in force. The treaty guarantees the ships of both countries free use of the Sea of ​​Azov and the Kerch Strait. This also applies expressly to military sea vessels of both contracting parties in both waters, namely "without restriction or consent of the respective other state". In addition, according to the rules of the International Convention on the Law of the Sea of 1982, to which both Russia and Ukraine have acceded, ships are allowed to pass the Kerch Strait freely, even without the consent of the neighboring countries. According to Article 32 of the Convention on the Law of the Sea, state-owned seagoing vessels generally enjoy sovereign immunity, even in foreign territorial waters. If a warship fails to comply with the laws and regulations of a coastal state regarding passage through its coastal waters and disregards a request sent to it to comply, the coastal state may require the ship to vacate the territorial sea immediately under Article 30 of the Convention. But under no circumstances may a state seize and seize another country's warship. Because the Crimea and thus also the coastal waters of the Crimea are assigned to Ukraine under international law, something that the Russian annexation has not legally changed, Russia is not allowed to exercise sovereignty there under international law. According to international law experts Daniel-Erasmus Khan and Valentin Schatz, the rights of passage under customary international law also apply regardless of whether Crimea is a part of the country . There is no justification under international law for the Russian approach.

By contrast, Russia regards the strait between the Azov and Black Seas as its sole sovereign territory . Since it is the coast of Crimea and Tusla is also part of Ukrainian territory, Ukraine claims parts of the Kerch Strait as sole territory. An agreement on the common maritime border that had been negotiated since the crisis in 2003 did not come about by the end of 2013, shortly before the annexation of Crimea by Russia in 2014.

The International Tribunal for the Law of the Sea called on Russia on May 25, 2019 to release the Ukrainian seafarers and return the ships.

The release finally took place as part of a prisoner exchange between Russia and Ukraine in September of the same year.

course

Attack on November 25th

The three boarded Ukrainian boats in Kerch
Bullet hole in the Berdyansk bridge

The incident began November 25 2018 the Ukrainian tug ships of the Russian Coast Guard in the morning Jany Kapu and patrol boats Berdyansk and Nikopol by type Gjursa refused the passage in the Kerch Strait. The three Ukrainian boats were on their way from Odessa in southwest Ukraine to the port city of Mariupol on the Azov Sea in eastern Ukraine. In the previous months, there had been an increasing number of cargo ships seized by Russia and Ukraine had started to build a naval base there to ensure safe trade in the Sea of ​​Azov. On November 25th, a tug and two patrol boats were to be relocated from Odessa to Mariupol as planned, according to Ukrainian information. As recently as September, a registered transfer of Ukrainian ships through the strait had worked under Articles 18 and 19 of the UN Convention on the Law of the Sea.

As the three ships approached the Kerch Strait from the Black Sea, they were intercepted by several Russian naval and border protection vessels. The Russian ship Don of Sorum class rammed the bow of the tug Jany Kapu after the tow boat had been pushed by another Russian coast guard ship. According to radio communications between the Russian ships, the Ukrainian tug was rammed twice in the Black Sea with an interval of nine minutes. The Russian ship Isumrud of the Rubin class was damaged in the collision with one of the larger Russian ships. Other ships involved on the Russian side were the submarine hunt - corvette Suzdalets of the Grischa class , two artillery boats of the Schmel type, patrol boats of the Sobol type and the Mangust class . Russia also sent military helicopters ( Kamow Ka-50 ) and fighter jets ( Sukhoi Su-25 ) to the area.

After the Ukrainian boats were forcibly prevented from passing, they turned back in the evening and began the journey back to Odessa. On the way they were chased and shot at by several Russian ships into the Black Sea. The Ukrainian boats did not fire back. According to the FSB, which is responsible for border protection, the Russians opened fire in the coastal waters of Crimea, which Russia regards as its own territorial waters. However, the coordinates published by the FSB are just outside the twelve-mile zone , i.e. already in international waters . The Black Sea, in which the ships were shot at, is free for navigation. Then Russian special forces stormed the boats 23 km off the coast of Crimea, confiscated them and arrested 24 Ukrainian sailors. According to Ukrainian information, six sailors were injured, the FSB spoke of three wounded. The three boarded Ukrainian boats were towed into the Russian-controlled port of Kerch. The following day, the FSB confirmed that Ukrainian ships were stopped and boarded in the Black Sea at gunpoint. Photos of the arrested boats show that bullet holes on the Berdyansk are mainly in the cabin area. The Berdyansk also had a window large bullet hole in the bridge on. The boat was hit by a 30 mm weapon from the Russian warships or by one of the Russian fighter planes that had been called up. According to the research network Bellingcat , the bullet points indicate that the Russians did not want to put the Ukrainian boats out of action, but wanted to injure the Ukrainian sailors.

Port blockade

On November 25, 2018, Russia blocked the Kerch Strait by placing a civilian tanker across the Crimean Bridge , blocking the passage for Ukrainian ships. According to the Russian newspaper Vedomosti , only the Russian anti-mine ship Vice-Admiral Sakharin and two Russian gunboats were allowed through that day. After the bridge passage was opened briefly, Russia has been blocking the passage for ships in both directions again since November 28, 2018. According to Ukrainian Infrastructure Minister Volodymyr Omelyan, ships from the Black Sea are not allowed to pass through to Ukrainian ports on the Sea of ​​Azov and ships cannot leave the ports because Russia is also blocking access from Azov to the Black Sea. On November 29, 2018, the port of Berdyansk confirmed that no ships had arrived in the port for days due to the blockade by Russia. The maritime trade plummeted, container cranes stand still and the losses amount to several million hryvnia . Ships unloading grain and metal have been lying in the waters near Berdyansk for days, waiting in vain for Russia's permission to cross the Kerch Strait, since there is no other way in or out of the Sea of ​​Azov. The logistics of the passages (pilots, permits, controls) are inadequate or deliberately disrupted. Twelve days after the blockade began, cargo ships with several tons of grain on board were stuck in Berdyansk. Some returned to their ports of departure because after days Russia had not given them permission. Russia is specifically blocking access to Ukrainian ports, whereas ships calling at and leaving Russian ports are not exposed to any delays. This has led shipping companies and buyers to avoid Ukrainian ports on the Sea of ​​Azov, causing heavy losses to farmers in the Zaporizhia Oblast and port workers.

Mariupol, the largest port in eastern Ukraine, has only been occupied by 20 percent since the Russian blockade. According to the port director, 600 ships were stuck on December 1. Steel companies in the port city halved their production because they can no longer process exports through the port. Mariupol is cut off from the sea and from the east, where the fighting between the Ukrainian armed forces and units loyal to the Kremlin with Russian special forces continues 19 km away.

Balance of power

Russia
Grischa-V-Corvette Susdalez
Rubin-class coastal defense ship, identical to Isumrud

Russia deployed several ships of the naval war fleet and coast guard as well as fighter planes. The tugs Gandwik (Гандвик) and Bystry (Быстрый) came from the ports of Kandalakscha and Novorossiysk in order to maneuver the civil oil tanker Neima ( Russian: Нейма , IMO number 8895528) under the Crimean bridge and thus the shipping traffic in both directions to block. Another tug MB-173 (МБ-173) accompanied the group of Russian ships that chased the Ukrainian boats as they retreated. According to Ukrainian sources, a Sukhoi Su-30 multi- role fighter also fired at the Ukrainian boats.

Ukraine

On the night of November 24-25, 2018, the two Ukrainian patrol boats in the Black Sea were refueled by the aid ship Gorlowka (Hull number U 753). Gorlowka remained in the Black Sea and was not involved in the fighting. After the Berdyansk sent a cry for help , two other Ukrainian patrol boats set out from the Sea of ​​Azov. However, the passage from the Azov to the Black Sea, where the confrontation took place, was already blocked by the tanker and tugs under the Crimean bridge, so that the boats had to turn around.

Sailors

Despite international appeals for the release of the arrested Ukrainian sailors, the 24 seafarers, mostly young men up to 27 years of age, were held in Russian custody. Russian state television broadcasted the handcuffed handcuffing of Ukrainian soldiers to an examining magistrate in occupied Simferopol . Pre-trial detention was ordered against 15 of them, including injured seamen, until January 25. For three of the six injured, the hearing took place in the Kerch hospital. The other nine higher-ranking seafarers were later also ordered to be held in custody until January. Lawyers were not admitted to the men. The seafarers face six years imprisonment in Russia. Ukraine sees the men as prisoners of war under the Third Geneva Convention of 1949. Russia, on the other hand, took the position that the captured seafarers were not prisoners of war but criminals.

21 seamen were initially in the remand prison in Simferopol and three seamen in Kerch. According to Russian media reports, the sailors were transported from Crimea to Moscow on November 29. 21 men were subsequently in custody in Lefortowo prison , the other three men in the hospital of the detention center Sailors Rest . Ukraine then submitted an urgent state complaint against Russia to the European Court of Human Rights . The court asked Russia to comment on the health of the seafarers and the reason for their arrest and detention in Russia by December 3, 2018.

The capture of the Berdyansk crew , which includes the 18-year-old sailor Andrij Ejder and Lieutenant Roman Mokryak, provoked indignation in Ukraine. Mokriak, who was previously stationed in Crimea, was briefly captured by the Russians in 2014 during the Russian occupation of the peninsula when his submarine Zaporizhia was stormed. At that time he had refused to enter the Russian service. This time he again declined to speak to Russian intelligence services and to help make video recordings of the prisoners. Igor Vorontschenko, a commander of the Ukrainian naval forces, offered himself in exchange for the captured seamen.

The Ukrainian President Volodymyr Zelensky welcomed the seamen who had returned as part of the prisoner exchange

The 24 detained seamen were released at the beginning of September 2019 as part of a prisoner exchange that also included director Oleh Sentsow and separatist commander Vladimir Zemach . The three seized ships were returned on November 18, 2019 in neutral waters off the town of Alupka .

Reactions

Ukrainian regions subject to 30 days of martial law

Because of the incident and alleged intelligence information indicating that Russia was preparing a large land attack, the proposed Ukrainian President Petro Poroshenko at the parliament the imposition of martial law for 30 days, starting on November 28 at 9 am local time in the ten regions bordering Russia and Transnistria which is under Russian control. Parliament approved the motion. According to Poroshenko, the Russian army has tripled the number of tanks in its positions along the Ukrainian-Russian border . Male Russian citizens between the ages of 16 and 60 were banned from entering the country for one month. Exceptions apply to entry for humanitarian reasons. President Poroshenko said the measure was aimed at preventing Russia from forming " private armies " on Ukrainian soil .

Russia deployed anti-ship missiles of the 3K60 Bal type to Kerch . On November 27, Russian state media showed the anti-ship missiles being transported to Crimea. In addition, Russia is additional ground-to-air missiles of the type S-400 Triumf stationing in the Crimea. This is the fourth S-400 air defense system that Russia has installed in Crimea since annexation. Russian Foreign Minister Sergei Lavrov rejected an offer of mediation by Germany and France . Russian President Putin did not take a phone call from the Ukrainian President. On November 28, Russia began a blockade of Ukrainian ports on the Sea of ​​Azov. Russia refuses entry to ships to Mariupol or Berdyansk, while ships calling at Russian ports are allowed through. President Putin said on December 1, in connection with the G20 summit in Buenos Aires 2018 , that the war with Ukraine would continue as long as the current Ukrainian government is in power. "Two small boats that the United States gave to Ukraine could not even pass through the Kerch Strait," Putin said. In fact, the boarded Hjursa-class patrol boats were manufactured at the Kusnja na Rybalskomu shipyard in Kiev and were never in the United States' inventory. Putin repeatedly portrayed the Ukrainians as warmongers. He denies the actual international legal situation. After Putin had praised the FSB staff for their bombardment and boarding of the Ukrainian ships, the Russian parliament decided to honor the FSB staff for special merits.

The United States, the three Baltic States , Sweden, the Czech Republic, Romania, Turkey, the European Union, Great Britain, France, Poland, Denmark and Canada condemned the Russian approach. The German government announced that there was no justification for the use of military means by Russia and called on Russia to release the arrested seafarers and return the ships they seized. Germany supports the full sovereignty and territorial integrity of Ukraine, which, from the German point of view, also includes shipping rights in the Kerch Strait and the Sea of ​​Azov. The German Chancellor assumes that the confessions of the Ukrainian soldiers broadcast on television have been suppressed. Austria's Foreign Minister Karin Kneissl condemned the use of military force by Russian units, called for the immediate restoration of freedom of navigation on the basis of international law and warned both sides to refrain from further military escalations. The NATO called on Russia to de-escalate. Secretary General Jens Stoltenberg said the use of military force against Ukrainian ships and naval personnel was not justified. Russia did not respond to calls from other countries to release the detained Ukrainian sailors and ships.

In an emergency meeting of the UN Security Council initiated by Kiev and Moscow on November 26, Russia's view that Ukraine had violated Russian borders by transferring Ukrainian ships to Ukrainian ports was rejected by a majority.

Lithuania was the first country to announce that it would introduce new sanctions against 20 Russians who were directly involved in the attack against the Ukrainian boats. In addition, President Dalia Grybauskaitė said that Lithuania would provide humanitarian and military aid.

At the EU summit in December 2018, all 28 EU countries declared their solidarity with Ukraine and described Russia's actions as unacceptable. The OSCE Secretary General called on Russia to make a gesture of goodwill and to release and release the seized ships and crews. But he also noted that there was simply a lack of political will for more peace.

rating

The incident in the Black Sea is the first open attack by the Russian military against Ukraine under the Russian flag. Both countries have found themselves in an international armed conflict since the occupation of Crimea in February 2014 and the war in eastern Ukraine . However, Russia has so far acted undercover. The Russian special forces that played a key role in the occupation of Crimea did not wear any national emblems and Russia initially denied that they were Russian soldiers. Despite numerous indications, Moscow still denies the use of regular Russian troops in eastern Ukraine.

The attack on the Ukrainian boats and the subsequent blockade of the Kerch Strait has been described as a deliberate escalation and military show of force by Russia. After Russia has gained control of Crimea and parts of eastern Ukraine, it wants to expand its zone of influence and dominate the Azov and Black Seas, which are bordered by three NATO countries in addition to Ukraine. With the attack, Russia clearly broke international law; neither the Crimea nor its coastal waters and the Kerch Strait are Russian (see situation under maritime law ). Ukraine does not currently have the means to enforce its legal position militarily. In the course of the annexation of Crimea, the country lost a large part of its fleet to Russia. For the Russian government, the attack is also a test of how the West and NATO react to the use of open force against Ukraine. According to former US Ambassador John Herbst, Moscow had speculated that the Ukrainian seafarers would return fire and thus give Russia an excuse for further military action. The time for a military escalation is particularly favorable for Russia because, on the one hand, Russia has built a massive military presence in the area, Europe is distracted with its own problems - such as Brexit and the protests of the yellow vests movement - and Donald Trump has great sympathy for the Russian President . Another reason being discussed is that Russia is looking for land access from the Ukrainian mainland to occupied Crimea and wants to split off Mariupol on the Sea of ​​Azov from Ukraine. Currently, Crimea can only be reached from Russia via the Crimean Bridge, with reports increasing that the bridge has serious construction defects. Mariupol was fought over between Ukraine and Russian special forces and militias loyal to the Kremlin in 2014, but Kiev retained control.

The economic impact of the naval blockade on Ukraine is cited as one explanation for Russian actions. According to this, the blocking of Ukrainian and international shipping traffic in particular is part of Russia's strategy to further destabilize Ukraine and weaken it economically. In the months before, Russia had started to block the passage through the Kerch Strait and thus the route to the ports of eastern Ukraine. Now the Russian government wants to put Ukraine under additional pressure. The deep-water ports on the Sea of ​​Azov are of great economic importance for Ukraine. The Russian action is aimed at stifling the economy of the Ukrainian ports and affecting trade with Europe and the Middle East. According to Paul Flückiger, there is also speculation that Russia might use the Azov blockade to force the resumption of Ukrainian water supplies to occupied Crimea (see Crimean crisis # water scarcity ).

The International Tribunal for the Law of the Sea in Hamburg ruled in May 2019 that Russia had no right to stop and shoot at Ukrainian boats in the Black Sea and to arrest the seamen. The court demands the immediate release of the sailors and the immediate return of the confiscated Ukrainian ships. Russia's actions endanger international security. Nineteen judges voted for the release of the seized ships and the release of the detained marines, only one judge from Russia voted against. Russia contested the jurisdiction of the Tribunal for the Law of the Sea, but is obliged under the Convention on the Law of the Sea to abide by the court's decision.

literature

Web links

Commons : Incident Before Crimea 2018  - Collection of images, videos and audio files

Individual evidence

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    • Umut Özsu: Ukraine, International Law, and the Political Economy of Self-Determinination . In: German Law Journal 16, No. 3, 2015, pp. 343–451, here p. 440 f.
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  45. ↑ New pictures show exactly how severely Russia damaged a Ukrainian boat and set off a crisis in the Black Sea . In: Businessinsider , November 29, 2018.
  46. ↑ Putin Plays Down Sea Clash with Ukraine as 'Border Incident' . In: New York Times , November 28, 2018.
  47. ^ Investigating The Kerch Strait Incident . Bellingcat, November 30, 2018.
    В Bellingcat подтвердили, что украинские корабли обстреляли в международных водах (     Eng . Bellingcat has confirmed that Ukrainian boats have been shelled in international) waters . In: BBC , December 2, 2018.
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  50. ↑ Russia blocks Ukrainian Azov Sea ports: minister . In: Reuters , November 29, 2018.
  51. ↑ Россия заблокировала украинские порты на Азовском море. 35 судов в ожидании - Омелян ( Eng .: Russia blocks Ukrainian ports on the Sea of ​​Zavos. 35 ships are waiting - Omelyan ). In: Radio Free Europe , November 28, 2018.
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  53. ↑ a b 'Danger never went away': Ukrainian cities feel cornered by Russia . In: The Guardian , November 29, 2018.
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  56. ↑ a b c d e f g h i j k l m Реконструкция Керченского боя (German reconstruction of the Kerch fight ). In: Echo Moskwy , December 5, 2018.
  57. ↑ According to another representation ( Owners of vessels that blocked the Kerch Strait ), the tugs Fast , Gandvik and Eltigen from the Kerch shipping company "Yuvas-TRANS" were involved.
  58. ↑ Data sheet Neima / Нейма
  59. ↑ The Latest: UN chief urges calm in Russia-Ukraine dispute . In: Associated Press , Nov. 29.
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