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Russia quits arbitration in Ukrainian ship seizure case

Russia quits arbitration in Ukrainian ship seizure case In Moscow, officials claim alleged violations in the review process (Photo: facebook.com/navy.mil.gov.ua)

Russia has announced its withdrawal from the arbitration process initiated over the 2018 seizure of three Ukrainian ships and sailors in the Kerch Strait, according to the Russian Foreign Ministry’s Telegram channel.

Moscow explained that it left the arbitration under the 1982 United Nations Convention on the Law of the Sea for several reasons. In particular, Russia cited alleged serious procedural violations during the proceedings and an illegitimate composition of the arbitral tribunal.

The Russian Foreign Ministry recalled that last year it successfully secured the removal of two of the five arbitrators after they signed a declaration condemning Russia’s actions. The ministry also complained that subsequent arbitrators were chosen without Russian participation and had made anti-Russian statements.

“In this situation, Russia is forced to withdraw from the process. Any decisions made by such arbitrators will have no legal force and will not be recognized by Russia,” the ministry stated.

Seizure of Ukrainian ships in 2018

On November 25, 2018, near the coast of occupied Crimea, Russian border guards fired upon and seized three Ukrainian naval vessels and detained 24 sailors. They were accused of illegally crossing the Russian border, a crime punishable by up to six years in prison. Ukraine considers the incident a violation of the immunity of military vessels.

In response, in April 2019, Ukraine’s Ministry of Foreign Affairs filed a case against Russia at the international arbitration tribunal in The Hague.

It should also be noted that in May 2019, Russia refused to participate in hearings at the International Tribunal for the Law of the Sea regarding the Ukrainian sailors.

On May 25, 2019, the tribunal ordered Russia to immediately release all sailors and allow them to return to Ukraine, as well as to return the ships.