Ukraine has accused Russia of breaking maritime law by attempting to control the Kerch Strait, a crucial waterway that connects the Black Sea and the Sea of Azov. Both nations, locked in a long-standing conflict, faced off in an international court in the Netherlands. The hearings, which began on Monday, September 18, aim to settle the dispute over the strategically important strait.
Ukraine and Russia Square Off at International Court
The Permanent Court of Arbitration (PCA) in The Hague is hosting the legal battle. Ukraine, represented by Anton Korynevych, claims Russia wants to dominate the Sea of Azov and the Kerch Strait. Korynevych argued that Russia’s actions violate international maritime law.
“Russia wants to take the Sea of Azov and Kerch Strait for itself,” Korynevych stated in his opening speech. He insisted that Ukraine is determined to show that Russia cannot rewrite the laws of the sea for its own benefit.
The case dates back to 2016 when Ukraine initiated legal proceedings. This was two years after Russia constructed the Crimea Bridge, connecting mainland Russia to the occupied Crimean Peninsula. Ukraine asserts that the bridge hampers international shipping and restricts access to larger foreign vessels.
The Importance of the Kerch Strait and Crimea Bridge
The Kerch Strait holds significant strategic importance for both nations. The 19-kilometer (12-mile) Crimea Bridge, which spans the strait, is vital for transporting supplies to Crimea. This includes fuel, food, and other essentials. Crimea, seized by Russia in 2014, is home to Sevastopol, the historical base of Russia’s Black Sea Fleet.
For Moscow, the bridge is not just a supply route for Crimea. It also supports Russian military operations in Ukraine’s eastern regions, making it a crucial lifeline. Ukraine, however, sees the bridge as a tool of Russian control. Kyiv has previously attacked the bridge and demands its demolition.
Kyiv argues that Russia deliberately built the bridge low to block international vessels from passing through the strait. The low clearance prevents larger, non-Russian ships from entering the Sea of Azov, while smaller Russian vessels continue to navigate the waterway freely.
Russia Denies Claims and Challenges Court’s Jurisdiction
Russia’s representative, Gennady Kuzmin, denied Ukraine’s allegations. Kuzmin argued that Moscow had not interfered with navigation in the Kerch Strait. He also challenged the court’s right to rule on the case.
Russia maintains that Ukraine is trying to push the court to rule on the sovereignty of Crimea. Moscow insists that the PCA does not have the authority to decide on this issue, as Crimea’s status is outside its legal scope. In a 2020 ruling, the PCA acknowledged Russia’s position, asking Ukraine to refile its case without focusing on Crimea’s sovereignty.
Background of the Legal Battle
The legal battle over the Kerch Strait highlights broader tensions between Ukraine and Russia. Since 2014, when Russia annexed Crimea, the two nations have been at odds. Russia’s full-scale invasion of Ukraine in February 2022 further escalated the conflict, leading to more than 31 months of fighting.
Ukraine’s legal claim is based on the United Nations Convention on the Law of the Sea, which sets rules for the use of the world’s oceans and seas. The PCA, established in 1899, is the oldest arbitral tribunal in the world. It resolves international disputes between countries and private parties, often involving treaties and contracts.
Court Hearings Expected to Continue for Weeks
The hearings at the PCA are set to last until October 5. While both sides have presented their opening statements, the case is far from over. International courts, especially in complex cases like this one, often take months or even years to reach a final decision.
For Ukraine, the goal is clear: to prove that Russia is violating international maritime law by trying to control the Kerch Strait. For Russia, the priority is to challenge the court’s authority and dismiss Ukraine’s claims altogether.
As the legal proceedings unfold, the outcome will have a significant impact on the balance of power in the Black Sea region. It will also affect future maritime trade and navigation in the Sea of Azov. The court’s decision, whenever it arrives, will likely be a turning point in the ongoing conflict between Ukraine and Russia.