Daily Archives: December 1, 2018


Azov Again 305

Yet again, the Guardian’s Hillary cult irrationalism leads it to a wrong analysis, this time in relation to Russian actions at the Kerch strait.

To quote the Guardian:

Russian forces seized the vessels and their crew and Moscow’s refusal to return them was the reason Donald Trump offered for his decision to cancel a bilateral meeting with Putin, which had been planned for Friday morning.

As Russian actions in the Sea of Azov had been known for days, there was speculation in Washington that the real reason for the change of mind was the court appearance of Trump’s former lawyer, Michael Cohen, on Thursday in which he pleaded guilty to lying to Congress about the extent and duration of negotiations with the Kremlin about a possible Trump hotel in Moscow, continuing up to July 2016, at the height of the presidential election campaign.

This is a deliberate misreading of the situation, and actually Trump’s actions have been correct and no doubt guided by the State Department’s maritime law experts.

As explained in my last post, under the UN Convention on the Law of the Sea the Ukrainian navy, and any other vessel, has an absolute right of innocent passage to the Ukrainian coast through the Kerch Straits and the Sea of Azov. They do however have an obligation to comply with sea lanes and notification regimes established for reasons of navigational safety.

It appears Ukraine may not have observed the navigational safety regulations, so Russia had a right to take proportionate action for enforcement. The Russian action was a bit heavy handed, but probably did not stray over the proportionate boundary.

However Russia did not have a right to detain the vessels or the crews, other than briefly. This is specifically not allowed. So at some point in Russia’s continued detention of the vessels and crews, Russia’s actions switched from legal to illegal. The timing of Trump’s decision to cancel the Putin meeting makes perfect sense in terms of the stage at which Russia went from being in the right in the incident, to being in the wrong. In taking prisoners to Moscow Russia is very, very definitely in the wrong.

The situation is complicated by their being military personnel. Russia has to make a decision. If the claim is this was not innocent passage and the Ukrainians planned to attack the bridge, there is no legal option to treat that as terrorism. These were military ships and that would be war. Russia has either to accept that this was not an attack, or accept that it is in a state of war with Ukraine. You can’t treat military personnel from military vessels as terrorists. And Russia very definitely acted illegally in parading foreign military personnel to make statements on TV.

As expected, my last posting brought howls of protest from those of limited intellect who style themselves radicals, and who essentially take the view the Russians are the goodies and the Ukrainians the baddies, and therefore Russian actions must be legal. All of their arguments were intellectually abysmal.

The rule of international law is a very tenuous concept. It has great achievements, but has never been more under attack. There are proponents of the USA and UK, of Russia, of China, who plainly prefer a might is right approach. The hypocrisies are sickening. For example, there is no significant difference in the legal justification nor in the method of achievement between the realisation of “self-determination” in Kosovo and Crimea. Yet the people who believe the West wear the white hats will argue that Kosovo was legal and Crimea illegal, and those who believe the Russians wear the white hats will argue that Crimea was legal and Kosovo illegal. It is a sorry task to try to argue for impartial rule of law in these circumstances, as the partisan idiots will prove in comments below almost immediately.

With the secession of Kosovo and Crimea, I take the view that both were illegal, though I can see a respectable argument that both were legal. That one was legal (either one) and the other not, I can see no sensible argument whatsoever.

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