Ukraine in The Hague: Tribunal should oblige Russia to dismantle Kerch bridge

Oksana Zolotariova, Deputy Agent of Ukraine, said this in her final speech at the oral hearings at the Arbitration Tribunal in the case regarding the rights of the coastal state in the Black Sea and the Sea of Azov and the Kerch Strait (Ukraine vs. the Russian Federation), according to an Ukrinform correspondent in The Hague, 

"The tribunal should oblige Russia to dismantle and remove the so-called ‘Kerch Bridge’. Dismantling the bridge is the only way to restore passage for ships from all countries that have used the strait in the past and ships that will use the strait in the future. Russia illegally built this bridge, and now it must remove it to ensure navigation through the Kerch Strait in accordance with international law. Russia should do this in accordance with other UNCLOS obligations to protect the marine environment and underwater cultural heritage," she said.

Zolotariova also emphasized that, by ratifying the Convention, Russia agreed to abide by the norms of the law of the sea.

“As the last two weeks have shown, Russia has violated this obligation in its own interests, ignoring its international legal obligations to respect freedom of navigation, protect the marine environment and preserve underwater cultural heritage. As my colleague, Ambassador Korynevych (Anton Korynevych, Ambassador-at-Large of the Ministry of Foreign Affairs of Ukraine and Agent of Ukraine at the UN International Court of Justice - ed.) noted at the start of the hearing: ‘Russia illegally takes what it wants, rewrites international law to its liking, and then demands that tribunals like this accept everything it says.’ We ask the Tribunal to tell Russia that "enough is enough". We ask you to implement the intention of the Convention on the Law of the Sea. We ask you to adhere to the legal norms of the World Ocean, designed to protect the common interests of all humanity," the deputy agent said.

She also stressed that it is not enough to tell Russia that it is violating international law. It is necessary to order that Russia stop its illegal actions and provide guarantees it will not repeat violations. It must also be told to eliminate the consequences of its illegal actions by giving back and revoking own registration of the Ukrainian drilling rigs it illegally seized and reflagged. Russia should be ordered to conduct appropriate research on the impact on the marine environment of its construction projects in the Kerch Strait. It is also necessary to order Russia to take measures to eliminate the environmental damage caused by these projects and to study the ongoing risks of environmental damage.

As reported by Ukrinform, on September 23, at 10:00 a.m. local time, hearings on the merits of Ukraine's claim against Russia for violation of the right of a coastal state under the 1982 UN Convention on the Law of the Sea began in the Peace Palace in The Hague. The hearings will last until October 5.

In May 2017, the first meeting of the tribunal under the UN Convention on the Law of the Sea was held, within the framework of which an arbitration tribunal was established to consider the dispute between Ukraine and Russia. The memorandum, i.e., a package of evidence that Russia violates Ukraine's sovereign rights in the Black and Azov Seas and the Kerch Strait, was submitted to the Permanent Court of Arbitration in The Hague on February 19, 2018. Russia filed its objections to the International Tribunal's jurisdiction to consider Ukraine's claim against Russia.