ILLYA NOVIKOV, PARTNER AT BARRISTERS, LLC, ATTORNEY-AT-LAW: “THE UN INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA IN HAMBURG HAS ORDERED RUSSIA TO IMMEDIATELY RELEASE THE UKRAINIAN SAILORS. 19 votes in favor; the judge from the Russian Federation voted against.”

The UN International Tribunal for the Law of the Sea in Hamburg ordered Russia to immediately release the Ukrainian sailors and ships. The vote was 19 in favor, with the judge from Russia voting against.

A summary of the tribunal’s arguments:

1. Russia cannot cite the military nature of the events as grounds for exclusion from the tribunal’s jurisdiction, given the context of the situation on November 25, 2018—the dispute over passage through the strait—and its subsequent developments.
2. The Russian Federation’s argument that Ukraine violated the requirement of the Rules of Procedure to take appropriate measures regarding pre-trial negotiations was rejected; Ukraine demanded a response within 10 days before bringing the case to court, which was neither hasty nor arbitrary.
3. The principle of immunity for military vessels and personnel is important and may serve as a basis for provisional measures. The detention of the vessels and personnel poses a significant risk of irreparable harm.
4. Ukraine’s request to compel the Russian Federation to cease criminal prosecution and not to resume it within the court’s jurisdiction, as well as its requests to release the crews and return the vessels, should be granted.