Russia Withdraws from Arbitration Regarding the Seizure of Ukrainian Sailors in 2018

МЗС про вихід Росії з арбітражу про захоплення моряків 2018 року

The Russian Federation has officially announced its withdrawal from the case of the Arbitration Tribunal concerning the detention of Ukrainian servicemen in the Kerch Strait in 2018. The Ministry of Foreign Affairs of Ukraine received the relevant notification from the tribunal along with a letter from a representative of the Russian Federation.

This is reported by Kyiv24

Ukraine’s Position and the MFA’s Reaction

The Ministry of Foreign Affairs of Ukraine emphasizes that this step by Russia is yet another attempt to evade responsibility for violations of international law. The ministry reminded that Russia violated the UN Convention on the Law of the Sea when it unlawfully seized 24 Ukrainian servicemen in November 2018.

“The MFA of Ukraine views such behavior by the Russian Federation as yet another attempt to evade international legal responsibility for violating the norms and principles of international law, particularly the UN Convention on the Law of the Sea,” the ministry stated.

According to the Ukrainian side, Moscow decided to leave the process at the final stage, understanding the inevitability of responsibility for its actions. At the same time, the MFA emphasizes that Russia’s formal withdrawal does not halt the proceedings, and Ukraine will continue to defend its position in the tribunal.

Details of the Case and Arguments of the Parties

Russia announced its withdrawal from the arbitration process the day before, referring to the case as the “Kerch incident.” Official Moscow explains its decision by citing alleged “gross procedural violations” during the case proceedings and the illegitimate composition of the tribunal. Russia also accused the arbitration of bias and stated that it would not recognize its decisions.

According to the facts, on November 25, 2018, Russia, using weapons, seized three ships of the Ukrainian Navy and 24 Ukrainian servicemen in international waters near the Kerch Strait. Several sailors were injured. Russia did not recognize them as prisoners of war and attempted to prosecute them under criminal charges, including “illegal border crossing.”

The International Tribunal for the Law of the Sea demanded the immediate release of the servicemen and the return of the ships, but Moscow ignored these decisions. In 2019, the Ukrainian sailors were returned to Ukraine not by the tribunal’s decision, but as a result of a prisoner exchange. At the same time, Russian investigators imposed a formal obligation on the sailors to appear in court in Russia, and the criminal proceedings against them were not closed.

The hearings of the Arbitration Tribunal in the case of Ukraine against Russia regarding the seizure of the sailors began in 2021. The Ukrainian side continues to insist on Russia’s international legal responsibility for aggression and the seizure of servicemen in the Kerch Strait.