DISINFO: HMS Defender violated international law when sailing in Russian territorial waters near Crimea
SUMMARY
The provocation was deliberate; they entered the territorial waters of Russia ready for any tasks. The crew was put on alert, and the air defence and missile defence systems were ready. In doing so, they grossly violated the norms of the UN Convention on the Law of the Sea, in particular paragraph 19 subparagraph 2 (B, C, and D). These clauses indicate that the passage of the ship is not considered an innocent passage, because it violated the provisions of this clause.
They entered [in territorial waters], they were manoeuvring, ready to use weapons, carried out propaganda activities (a correspondent of the BBC was on board), distorted reality, and thereby caused direct damage to the Russian Federation.
RESPONSE
Recurring pro-Kremlin disinformation narrative about the status of Crimea.
On 23 June, the UK Ministry of Defence Press Office stated that "the Royal Navy ship [was] conducting innocent passage through Ukrainian territorial waters in accordance with international law." It also added that the ship "carried out a routine transit from Odesa towards Georgia across the Black Sea" through internationally recognised Ukrainian territorial waters.
The Black Sea transit of the HMS Defender on the Odesa to Georgia route was within full maritime law guaranteed as the “right of innocent passage” by the United Nations Convention on the Law of the Sea (UNCLOS), to which both the UK and Russia are parties. According to the UNCLOS articles, the HMS Defender's crossing, as well as being in line with one of the most commonly used routes in the Black Sea, is legitimately within the terms of innocent passage through the waters off the Crimean peninsula and there has been no report, record or clear evidence of any provocative or aggressive approach from the UK ship to occupied Crimea.
Russia's accusation is based on the assumption that its self-asserted right over Crimean territory is recognised, but neither Ukraine nor the international community currently recognises Crimea as Russian territory. Russia occupied Crimea in March 2014. No international body has recognised the so-called referendum in Crimea, not the UN, nor the EU or the UK.
The European Union does not recognise and continues to strongly condemn this violation of international law, which remains a challenge to the international security order. This position is based on the UN Charter, which clearly states that the territory of a State cannot be acquired by another State resulting from the threat or use of force, as well as on the Helsinki Final Act in which the signatories declared their intention to respect the inviolability of frontiers and territorial integrity. The UNGA Resolution 68/262, which condemned Russia's illegal actions in Ukraine, was supported by 100 United Nations member states. Only 10 states opposed it.
UK's Ambassador Neil Bush mentioned at the OSCE Permanent Council meeting in March 2021 that Crimea was blatantly occupied by the Russian military "in violation of its OSCE principles and commitments."
See similar disinformation cases about the occupation of Crimea and international law in our database: the Crimea issue is finally closed; Crimea democratically joined Russia after the overthrow of Yanukovych; Crimea democratically, in full compliance with international law voted for reunification with Russia; accession of Crimea to Russia has taken place in strict accordance with international law.