2018 Kerch Strait incident

An international incident occurred on 25 November 2018 when Russian Federal Security Service (FSB) border patrol boats captured three Ukrainian Navy vessels that had attempted to pass from the Black Sea into the Sea of Azov through the Kerch Strait (on the Kerch–Yenikale Canal) while on their way to the port of Mariupol. In 2014, Russia annexed the nearby Crimean Peninsula which is internationally recognised as Ukrainian territory, and later constructed the Crimean Bridge across the strait. During the incident, the bridge was used as a barrier to prevent the Ukrainian ships from entering the Sea of Azov. Russia accused the Ukrainian ships of illegally entering its territorial waters, but the Kerch Strait and the Sea of Azov are intended to be the shared territorial waters of both countries under a 2003 treaty. Russia cited security reasons for stopping Ukrainian ships for inspection, pointing to a possible terrorist threat to the Kerch Bridge by Ukrainian radicals. According to Russia, its officers repeatedly asked the Ukrainian vessels to leave Russian territorial waters, saying that the vessels violated the formal procedure for passage through the strait; Ukraine denies this and claims that it had given advance notice to the Russians that the vessels would be moving through the strait. When the Ukrainian Navy refused, Russian special forces fired on them, gave chase, and seized two Ukrainian gunboats and a tugboat off the coast of Crimea. Six Ukrainian crew members were injured in the clash, and 24 Ukrainian sailors from the captured ships were detained by Russia. The Ukrainian government has labelled the incident as a potential precursor to a Russian invasion, and the Ukrainian parliament has declared martial law along the border with Russia and in Black Sea coastal areas.

Background

Further information: Russian military intervention in Ukraine (2014–present) and Crimean Bridge

Russia annexed Crimea in 2014. The annexation is not officially recognized by the United Nations.

The Kerch Strait connects the Sea of Azov with the Black Sea, and is formed by the coasts of the Russian Taman Peninsula and disputed Crimea. It is the point of access for ships travelling to and from Ukraine's eastern port cities, most notably Mariupol. While both Ukraine and Russia agreed to the principle of freedom of movement through the strait and the Sea of Azov in 2003, Russia has controlled both sides of the strait since the Crimean annexation. By May 2018, Russia had completed the construction of the Crimean Bridge, which is 19 kilometres (12 mi) long and spans the strait, providing a direct land connection between Crimea and Moscow. The bridge's construction is subject to criticism from Ukraine and many other countries, which called the bridge construction illegal. The Ukrainian and American governments have said that the bridge is being used by Russia as part of a creeping hybrid blockade of Ukrainian ports in the Azov Sea, and that Russian inspections of ships have risen sharply since the bridge opened in May 2018, with some being forced to wait between three and seven days before being allowed through.

Late September 2018 two Ukrainian navy vessels were successfully transferred from Odessa to Mariupol. According to Ukrainian Navy Captain 1st rank Dmytro Kovalenko they had passed the Crimean Bridge without officially requesting permission. He also claimed that during their journey they had been followed by at least 13 Russian vessels and that Russian aircraft had flown dangerously low over them.

Events

File:Новозбудовані для українських ВМС малі броньовані артилерійські катери в ході випробувань здійснили спільне плавання (27359525951).jpg

A Gyurza-M-class artillery boat BK-02 Berdyansk. One of the gun boats captured by the Federal Security Service

File:Kerch Strait incident.jpg

Map Kerch Strait incident

The incident began in the morning of 25 November, when the Ukrainian Gyurza-M-class artillery boats Berdyansk, Nikopol, and tugboat Yany Kapu attempted a journey from Odessa in south-western Ukraine to the Azov Sea port of Mariupol in eastern Ukraine. As the ships approached the Kerch Strait, the Russian boats accused the Ukrainian ships of illegally entering its territorial waters, and ordered them to leave. When the Ukrainians refused, citing the 2003 Russo-Ukrainian treaty on freedom of navigation in the relevant area, Russian FSB border guard boats attempted the intercept them, and rammed Yany Kapu. The Ukrainian vessels continued toward the Crimean Bridge, but were prevented passage into the Sea of Azov by a large tanker positioned under the bridge, which blocked all passage through the strait. Concurrently, Russia scrambled two fighter jets and two helicopters to patrol the strait. The Russian forces then fired on the Ukrainian boats, chased them as they tried to flee, and later captured them about 23 kilometres (14 mi) off the coast of Crimea.

Following the incident, the Ukrainian Navy reported that six servicemen had been injured by the Russian actions. Berdyansk was damaged in her bridge, either by a Sukhoi Su-30 fighter or by 30 mm naval gunfire from the Russian gunboat Izumrud, according to the Russian version. According to radio communication between the Russian leadership and border guard ships, two Russian ships were damaged. One was damaged while ramming the Ukrainian tugboat Yany Kapu. In addition, the Russian ship Don also collided with and damaged the Russian ship Izumrud. In the aftermath of the incident, officials from both countries accused the other of provocative behaviour. Ukraine decried the seizing of its ships as illegal. In a statement, the Ukrainian Navy said "After leaving the 12-mile zone, the Russian Federation's FSB opened fire at the flotilla belonging to... the armed forces of Ukraine". Ukrainian president Petro Poroshenko convened the National Security and Defence Council, describing the Russian actions as "unprovoked and crazy".

Russia did not immediately or directly respond to the allegation, but Russian news agencies cited the Federal Security Service (FSB) as saying it had incontrovertible proof that Ukraine had orchestrated what it called a "provocation" and would publicise its evidence soon. A report by the Russian FSB said that Ukraine had not followed the official procedure required for passage through the strait, namely that the port authority in Kerch should be informed 48 and 24 hours in advance of any movement, with an official confirmation 4 hours before the passage. It also said the Ukrainian ships had been manoeuvring dangerously and intentionally ignored FSB instructions in order to stir up tensions. Russian politicians, including President Vladimir Putin, denounced the Ukrainian government, saying the incident was a calculated attempt by Ukrainian president Petro Poroshenko to increase his popularity ahead of an election next year. The Ukrainian government rejected this, and said it had informed

the Russians of the planned passage through the Kerch Strait in advance. Ukrainian Navy spokesman Oleh Chalyk said that Yany Kapu had "established contact with a coast-guard outpost" operated by the FSB Border Service and "communicated its intention to sail through the Kerch Strait. The information was received [by Russian authorities] but no response was given". According to Ukraine, contact was established at 03:58 on 25 November, "according to international rules of the sea navigation safety". In late September 2018, two Ukrainian navy vessels successfully made the journey from Odessa to Mariupol not using current Russian official procedure, but also contact was established a few hours before the passage.

On the morning of 26 November, photographs of the captured Ukrainian ships laid up in the Crimean port of Kerch were published. In the photos, Russian servicemen are seen attempting to camouflage the ships. On that day, according to APK-Inform, Ukrainian commercial shipping returned to normal operation after the Kerch Strait was reopened to civilian traffic.

According to Ukrainian intelligence, the state of health of the Ukrainian Naval Forces servicemen who were injured in the attack in the Kerch Strait is satisfactory. The injured Ukrainian sailors are being treated at Pirogov Kerch City Hospital No. 1.

On 27 November, a Crimean court ordered that 12 of the 24 Ukrainian sailors be detained for 60 days. The following day the 12 remaining Ukrainian sailors, including the three hospitalised, were also officially detained for 60 days by the Kievskyi Raion court of Simferopol.

On the evening of 28 November, Russia started blocking the passage of Ukrainian ships through the Kerch Strait according to Ukrainian infrastructure minister Volodymyr Omelyan.

Reactions

Ukraine

File:Martial Law in Ukraine (2018).svg

Martial law in Ukraine

Main article: Martial law in Ukraine

Ukrainian president Petro Poroshenko convened the National Security and Defense Council of Ukraine on 25 November. He warned of an "extremely serious" threat of a Russian land invasion.

Oleksandr Turchynov, Secretary of the National Security and Defence Council of Ukraine, has reportedly said that the incident was an act of war by Russia. He has also stated that active military preparations have been spotted along the border on the Russian side. Subsequently, the National Security and Defense Council of Ukraine, in its decision of November 26, 2018, stated that the actions of the Russian Federation against the ships of the Navy of the Armed Forces of Ukraine fall under paragraphs “c” and “d” of Art. 3 of Resolution 3314 (XXIX) “Definition of aggression”, adopted by the UN General Assembly on December 14, 1974, namely:

• the blockade of the ports or coasts of a State by the armed forces of another State;
• an attack by the armed forces of a State on the land, sea or air forces, or marine and air fleets of another State.

A day later on 26 November 2018, lawmakers in the Ukrainian Parliament overwhelmingly backed the imposition of martial law in the country's coastal regions, and those bordering Russia and unrecognised Pridnestrovian Moldavian Republic. A total of 276 members of parliament voted for the measure, which took effect on 26 November 2018, and automatically expires in 30 days (on 26 December 2018). The initial recommendation was for a 60-day enforcement, though according to Poroshenko it was amended so not to affect the upcoming elections.

On 28 November 2018, Ukrainian President Poroshenko declared the 2018 Kerch Strait incident was provoked by Russia in order to force Ukraine to declare martial law and therefore to prevent Ukraine from receiving its tomos of autocephaly (see: 2018 Moscow–Constantinople schism).

Vice Admiral Ihor Voronchenko during a speech at the 2nd International Conference on Maritime Security in Kyiv on November 29, "I am sure that the world community will nevertheless make a decision and recognize that aggression against the state of Ukraine was carried out. In this regard, as per the norms of the Montreux Convention, specifically item 19, we will request the closure of the Bosphorus Straight so Russia appreciates violating norms of international law."

Russia

Russia's FSB blamed Ukraine for sparking the clashes, saying their "irrefutable" evidence "will soon be made public".

Foreign Minister Sergey Lavrov said on the next day that Ukraine had violated international legal norms by failing to obtain authorization for its vessels.

Deputy Chairman of the State Duma Pyotr Tolstoy warned on Facebook that "the Ukrainian puppet authorities are risking unleashing a large military conflict".

Following the declaration of martial law in Ukraine, Russian President Vladimir Putin expressed "serious concern". He later called the event "a provocation" and accused Ukraine's President of staging the incident in order to improve his popularity ahead of the 2019 elections.

The head of the Russian Republic of Crimea, Sergey Aksyonov, said: "Today, Ukrainian warships illegally crossed Russia's border and blatantly violated norms of international law. I am sure Western patrons of the Kiev regime are behind this provocation – it doesn't look a mere coincidence that European and American politicians have been so concerned over the situation in the Sea of Azov in the recent months. Ukraine, as a country stripped of sovereignty and being under external governance, is an instrument for whipping up international tensions."

Other countries and organisations

• Australia: "Australia is concerned at developments in the Sea of Azov. We fully support Ukraine’s sovereignty and territorial integrity and call on Russia to restore navigation rights at the Kerch Strait," the Australian Embassy in Ukraine wrote on Twitter.
• Bolivia: Bolivia supported the Russian United Nations Security Council agenda proposal that stated Ukraine had violated Russia’s sea borders.
• Canada: "We call on Russia to de-escalate immediately, release the captured vessels and enable normal maritime traffic to resume" Canada’s Foreign Ministry wrote on Twitter.
• China: The Chinese Foreign Ministry spokesman suggested that both sides "reach consensus and tackle disagreements through dialogue and consultations." China also supported the Russian United Nations Security Council agenda proposal that stated Ukraine had violated Russia’s sea borders.
• European Union: On 25 November, the EU called on Russia and Ukraine to "act with utmost restraint to de-escalate" the situation in the Black Sea. The following day, the President of the European Council Donald Tusk said in a tweet on 26 November: "I condemn Russian use of force in Azov Sea." He added that "Russian authorities must return Ukrainian sailors, vessels and refrain from further provocations." President Tusk added; "Europe will stay united in support of Ukraine."
  • Czech Republic: Minister of Foreign Affairs Tomáš Petříček said "One issue is cutting the number of cars registered by the Russian Embassy, which is very high. We can only guess what they are used for. We may hold a discussion in future on reducing the number of diplomats, but above all non-diplomatic staff at the Russian Embassy. The number should correspond to the size of the Czech Republic.”
  • Denmark: Minister of Foreign Affairs Anders Samuelsen, said: "Denmark clearly and unambiguously supports Ukraine and we urge the Russians to halt their aggression. We must see to the de-escalation of the situation, and Russia has a big responsibility in doing so."
  • Estonia: Prime Minister Jüri Ratas called an extraordinary meeting of the government's security committee to discuss the Russian action against Ukraine in the Black Sea and nearby areas and said that "what took place in the Kerch Strait is a serious violation of international law". Foreign Minister Sven Mikser said on the day after that events off Crimea "a conscious act to escalate tension."
  • France: "Nothing appears to have justified the use of force by Russia," the Ministry of Europe and Foreign Affairs said in a statement and added "We urge Russia to release the Ukrainian sailors and hand back the seized naval vessels as soon as possible."
  • Germany: Foreign Minister Heiko Maas posted on Twitter on Monday, where he urged both sides to de-escalate the conflict and that "developments in Ukraine are worrying."
  • Lithuania: President Dalia Grybauskaite tweeted it was "another blatant violation of international law and Russia’s own commitments."
  • Poland: The Ministry of Foreign Affairs said: "With full force we condemn Russia’s aggressive behavior and we call on (the country’s) leadership to respect international law."
  • Romania: The Ministry of Foreign Affairs said Romania "fully supports the territorial integrity and sovereignty of Ukraine and its rights to use its territorial waters."
  • Slovakia: Prime Minister Peter Pellegrini wrote on Facebook, "This is not good news, and expressed a wish that the situation would calm down. Nobody wants an armed conflict and it is necessary to do everything on the diplomatic level to preserve peace in Europe," Pellegrini wrote.
  • Spain: Foreign Minister Josep Borrell said: "We have to stop the escalation and extension of the conflict to levels of intensity that would be dangerous."
  • United Kingdom: Foreign Secretary Jeremy Hunt tweeted that the incident showed Russia's "contempt for international norms and Ukrainian sovereignty". The Downing Street Press Secretary James Slack also said: "further evidence of Russia’s destabilizing behaviour in the region and its ongoing violation of Ukrainian territorial integrity. Russia must not be allowed to use force to exert greater pressure on Ukraine."
• Kazakhstan: Kazakhstan supported the Russian United Nations Security Council agenda proposal that stated Ukraine had violated Russia’s sea borders.
• Moldova: The Ministry of Foreign Affairs and European Integration said regional security was being threatened by "acts of aggression and provocations" and reiterated its support "for Ukraine’s sovereignty and territorial integrity and its right to use international waters," adding it was "deeply concerned" about tensions around the Kerch Strait and the Azov Sea.
• Kuwait: Kuwait opposed the Russian motion to condemn Ukraine as an aggressor and that Ukraine violated Russian Seas.
• NATO: Spokesperson Oana Lungescu said: "NATO is closely monitoring developments in the Azov Sea and the Kerch Strait, and we are in contact with the Ukrainian authorities. We call for restraint and de-escalation."
• Turkey: "As a country sharing a Black Sea coast, we underline that passage through Kerch Strait should not be blocked," the Ministry of Foreign Affairs said in a statement.
• United States: President Donald Trump said: "Maybe I won’t have the meeting," meaning the planned meeting at the G20 with president of Russia Vladimir Putin. "Maybe I won’t even have the meeting," arguing: "I don’t like that aggression. I don’t want that aggression at all."

United Nations

On 26 November, Russia called for an emergency meeting of the United Nations Security Council (UNSC). The agenda of that UNSC session, "dedicated to the violation of Russia’s borders by Ukrainian military vessels," was dismissed seven votes to four, with four abstentions. Russia's first deputy permanent representative to the UN, Dmitry Polyanski, said: "Nobody can prevent Russia as a permanent member of the Security Council to raise the issues that we deem important under the agenda they relate to."

Ukraine also called for an emergency meeting of the UNSC over the "attack" of Russia. This was confirmed by U.S. Ambassador to the UN Nikki Haley.

Ambassador Haley said that Russia's actions were an "outrageous violation of sovereign Ukrainian territory," saying it was "another reckless Russian escalation" and that "in the name of international peace and security, Russia must immediately cease its unlawful conduct and respect the navigational rights and freedoms of all states."

Dame Karen Pierce, Permanent Representative of the United Kingdom to the United Nations, openly stated to the council that Russia was responsible for the Salisbury novichok attack, and condemned Russia's "deplorable use of military force... and contempt for the rules-based international system. These are not the actions of a responsible country."

Also during the meeting, Under-Secretary-General for Political Affairs of the United Nations Rosemary DiCarlo told the council: "We strongly urge both the Russian Federation and Ukraine to refrain from any ratcheting up of actions or rhetoric and remind both of the need to contain this incident so as to prevent a serious escalation that may have unforeseen consequences."

Later on, Secretary General Antonio Guterres, expressed in a statement that he was "greatly concerned" about the incident and urges Russia and Ukraine to use "maximum restraint" and "to reduce tensions through all available peaceful means in accordance with the Charter of the UN".

The UN General Assembly will consider a resolution on the militarization of the Sea of Azov in December.

Estimates and classification

On 26 November 2018, the General Staff of the Armed Forces of Ukraine held a briefing, which classified the actions of the Russian Federation as an act of armed aggression in violation of a number of international norms, in particular:

• Agreement between Ukraine and the Russian Federation on cooperation in the use of the Azov Sea and the Kerch Strait;

• Article 17 of the UN Convention, which states that vessels of all states, both coastal and landlocked, enjoy the right to peaceful passage through the territorial sea.

• Part 1 of Article 36 of the UN Convention, which states that all straightaway vessels referred to in Article 37 of the UN Convention shall enjoy the right of transit passage to which no interference shall occur.

• Articles 32, 95 of the United Nations Convention on the Law of the Sea under which warships enjoy immunity.

• The Russian Federation has issued a Coast Guard warning (SEP) for closing the Kerch Strait entry area at the official web site (Cadiz, Spain) at 11.40 on 25 November 2018, that is, after the arrival of warships from the Armed Forces of Ukraine, in the Kerch Strait.

• Article 30 of the UN Convention, according to which a coastal country has the right to demand the immediate abandonment of territorial waters by a military ship of another state, but in no case shall not use weapons for the suffering without any reason.

• Article 2 of the UN Charter, according to which disputes must be resolved peacefully, in order not to endanger international peace and security and justice, as well as the requirement to refrain from the use of force or threats against the territorial integrity or political independence of any state.

Order of battle

Russia

Russian Coast Guard
Ship	Vessel Type	Weapons	Commander	Casualties			Notes
				Killed	Wounded	Total
Suzdalets	Grisha-class corvette		unknown	0	0	0
Don	Sorum-class tugboat	2 × 30mm AK-230M or AK-306	Captain 2nd rank O. Salyaev	0	0	0	slightly damaged
Izumrud	Rubin-class patrol boat	1 x 30mm AK630M, 2 x 12.7mm MG, 8 Igla SAM	Captain 3rd rank Andriy Shipitsyn	0	0	0	slightly damaged
Vice-Admiral Zakharyin	Natya-class minesweeper		unknown	0	0	0
names unknown	Mangust-class patrol boat		unknown	0	0	0	multiple vessels of this class were present
names unknown	Sobol-class patrol boat	1 × 14.5 mm MTPU MG, 2 x Igla SAM, 1 x 30 mm grenade launcher	unknown	0	0	0	multiple vessels of this class were present
names unknown	Shmel-class artillery boat		unknown	0	0	0	two unidentified ships of this class were present
Total casualties: none reported

Ukraine

Ukrainian Navy
Ship	Vessel Type	Weapons	Commander	Casualties			Notes
				Killed	Wounded	Total
Berdyansk	Gyurza-M-class artillery boat	2x 30mm autocannon, 2 x 30 mm grenade launchers, 4 x Barrier ATGM, 2 x 7.62mm MG, 9K38 Igla MANPADS	ltjg Roman Mokryak	0	unknown	unknown	damaged, captured
Nikopol	Gyurza-M-class artillery boat	2 x 30mm autocannon, 2 x 30 mm grenade launchers, 4 x Barrier ATGM, 2 x 7.62mm MG, 9K38 Igla SAM	lt. Bohdan Nebylytsia	0	unknown	unknown	captured
Yany Kapu	Prometey-class tugboat	2 x 14.5mm MG	starshina Oleh Melnychuk	0	unknown	unknown	damaged, captured
Total casualties: 3 to 6 wounded, 24 captured

See also

• 1986 Black Sea incident
• 1988 Black Sea bumping incident

External links

• Radio communication between the Russian leadership and border guard ships // General Staff of the Ukrainian Armed Forces
• Таран у Керченского моста / Ramming at the Kerch Bridge