Date: a month ago   Category: Politics

When the International Court of Justice considers case of immunity of the Ukrainian seamen

Consideration in arbitration of case of immunities of the Ukrainian ships and seamen will take place at the beginning of July.

the Deputy Minister of Foreign Affairs of Ukraine concerning the European integration Elena Zerkal told that the panel of arbitrators has to be created, Interfax Ukraine writes.

the Court will directly consider violation of the principle of the state immunity over warships.

About what immunity there is a speech? The convention of maritime law which was signed by Russia, provides inviolability of warships under identification marks of the country from their arrest, detention and other. That is the Russian Federation violated this arrangement, having seized near the Kerch Strait the Ukrainian tow of "Yana Kapu" and the small armored artillery boats "Berdyansk" and "Nikopol" which went from Odessa to Mariupol.

Russia noted that Vladimir Golitsyn will be their arbitrator. He is the Russian judge who was the head of ITLOS (The International Tribunal for maritime law), Golitsyn considered case of Ukraine concerning jurisdiction under the Sea convention. We already offered

the judge Grinvud (Sir Christopher John, Great Britain). In general the panel will consist of five judges,

- Zerkal noted. on May 25 the International Tribunal of the UN decided

that Russia has to release 24 prisoners of the Ukrainian seamen and return 3 ships seized near the Kerch Strait in November, 2018. However Russia refused to fulfill the requirements.

Zerkal reported on the same day that put about immunities of the Ukrainian ships and seamen captured by the Russian Federation in fact will consider separate arbitration which will be created on the basis of appendix 7 to the Convention of the UN under maritime law.

As the Ukrainian seamen were taken prisoner to Russia? On November 25, 2018 the Russian frontier guards near coast of the annexed Crimea fired and seized three Ukrainian ships. 24 Ukrainians were taken prisoner.

"The court in the Crimea arrested all detained Ukrainian military on a charge of "illegal crossing of border". As of the middle of June, 2019 of captured seamen hold in the pre-trial detention center in Moscow.

on January 24, 2019 the Parliamentary Assembly of the Council of Europe adopted the resolution with the requirement to Russia to treat the Ukrainian military seamen captured near the Kerch Strait according to the Geneva Convention on prisoners of war.

the COURT OF JUSTICE under maritime law made on May 25, 2019 the decision which it obliged Russia to release and give immediately the chance to return one and all to 24 captured Ukrainian seamen and also to return 3 ships.

Russia does not recognize this sentence until the Kremlin position concerning release of the Ukrainian seamen changed: their prisoners of war do not consider and are going to judge by the Russian laws.



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