Closing statement of the Co-Agent of Ukraine, Oksana Zolotaryova, at the oral hearings at the Arbitral Tribunal in the Dispute Concerning Coastal State Rights in the Black Sea, Sea of Azov, and Kerch Strait  (Ukraine vs. the Russian Federation):

"Mr. President, distinguished members of the Tribunal, it is an honor to appear before you on behalf of Ukraine.

In these challenging times, it can be difficult to put faith in international law.  Ukraine is a country at war.  A war that we fight to preserve our independence, but a war we did not ask for. 

Still, even in these challenging times, Ukraine will not abandon the law.  Ukraine remains committed to the peaceful settlement of disputes.  Even while we fight for our country on the battlefield.

This case is about Russia’s past violations of the UN Convention on the Law of the Sea.  It is about Russia’s illegal bridge over the Kerch Strait, about its harassment of vessels bound for Ukrainian ports, about its neglect of its obligations of environmental protection, and its disrespect for underwater cultural heritage.  But this case is also about Ukraine’s future.

Today, the cities of Kherson and Zaporizhzhia are flying the Ukrainian flag.  There will be a day, in the not too distant future, when Mariupol and Berdyansk will fly the Ukrainian flag once again. When Ukraine’s industrial economy in the east will once again load cargo ships in Berdyansk and Mariupol with Azovstal steel and other industrial goods from Ukraine. These ports on the Sea of Azov shall rise again to play an important role in our economy and they will be used again to supply grain to the whole world, especially to the Global South.  This is another reason that we are here before you.  This case not only seeks redress for Russia’s past violations of UNCLOS, but it ensures Ukraine’s future, where we will continue to dispatch cargo ships, fishing fleets and government and naval vessels through the international waters of the Sea of Azov and Kerch Strait, and on into the Black Sea and the world’s oceans.

Russia wants to steal this future. But UNCLOS defends this future for Ukraine.  UNCLOS demands that international waters are respected. That passage through the Kerch Strait is not impeded.  That the ships of all nations are free to navigate the waters of the Sea of Azov without fear of Russian stoppages and harassment.  That the marine environment – the Azov anchovies and dolphins and the rest of the delicate ecosystem of the Black Sea basin, remain protected. That the cultural heritage of all mankind lying on the ocean floor is preserved.

Mr. President, Members of the Tribunal, I also feel compelled to comment on Russia’s statement that the so-called Kerch Bridge is a humanitarian effort.  We must recall that it was Russia that sent its military into Crimea and occupied Ukrainian territory.  It was Russia that cut off the Crimean peninsula from mainland Ukraine and thus severed hundreds of thousands of family connections, deprived the civil population of Crimea of their future, and established a gruesome zone of despair.  It is ironic, indeed cynical, to hear Russia stand before this respected Tribunal and argue that somehow the plight of the many Ukrainians in Crimea is the fault of anyone other than Russia itself.   Russia talks about the so-called Kerch Bridge being necessary because of a so-called blockade.  But the real blockade, which is not one before this Tribunal, was Russia’s blockade of Ukrainian ports in 2022 that caused a global food crisis.

Russia’s Bridge has many nefarious uses.  One of them is to physically turn the Sea of Azov into what Russia wants it to be:  a closed, Russian lake.  This is why Russia tries so hard to argue in this forum that its bridge is lawful.  In fact, when Russia first decided to build this bridge in 2014, when Russia completed this bridge in 2017, it was violating the UN Convention on the Law of the Sea by building the lowest clearance bridge over an international strait in the world.

Mr. President, Members of the Tribunal, I must pause to recall that while I and my Ukrainian delegation have been sitting in this room for the last 10 days, the war at home continues.  Indeed, for the last two and a half years, Russian bombs, missiles and drones have dropped on Ukrainian cities and villages, including Kherson and Zaporizhzhia and my hometown of Kharkiv.  They have dropped on the port city of Odesa, a critical port for Ukraine’s exports.  And today this fighting continues in eastern and southern Ukraine.  But while war is ever in the background, we are here in The Hague to focus on Russia’s violations of the law of the sea.

Mr. President, Members of the Tribunal, we learned many things this week.

We learned that Russia knew—without any doubt—that the Kerch Strait Bridge would prevent large cargo vessels, including Panamax and Handysize vessels, from reaching Mariupol and Berdyansk. But it chose to build the bridge anyway.

We learned that a Russian government agency provided Russia’s experts with flawed data - data that the experts did not check—to pretend that the harm to the ports of Mariupol and Berdyansk was economically unimportant.

We learned that there is not a single officer in Russia’s Navy and Border Service who will deny before this Tribunal that, even before Russia’s full-scale invasion in 2022, the Russian Federation engaged in a discriminatory campaign of stoppages and inspections against vessels from all flagged states transiting to Mariupol and Berdyansk causing to them enormous economic damages.

We learned that Russia believes its violation of one treaty by expropriating the assets of Naftogaz should insulate it from being held accountable for a violation of Ukraine’s flag State rights when it seized and re-flagged the vessels Tavrida and Sivash.

We learned that Russia hurriedly poured tons of concrete into the Kerch Strait to build its bridge without undertaking adequate assessments of the anticipated environmental impacts.

We learned that Russia failed to publish, and continues to withhold, environmental assessment and monitoring information concerning the Kerch Strait construction projects, concealing the true environmental impact of these projects from Ukraine, from this Tribunal, and the world.

We learned that archeologists in Russia have “carte blanche” when it comes to deciding whether or not to excavate invaluable cultural heritage objects - this common heritage of mankind is treated as trophies of the Russian Federation alone.

We learned that while touting, in public, its respect for World War II, behind closed doors Russian lawyers will deny that the artefacts of that war benefit from the protection accorded to older historical objects.

And perhaps most importantly, we confirmed what we always knew. Russia cannot justify its actions by relying on the United Nations Convention on the Law of the Sea. It can do so only by insisting that the Sea of Azov should be treated like a Russian lake, governed by the same laws and rules as canals and small rivers. And by disregarding international law in general, and UNCLOS in particular. Mr. President, Members of the Tribunal, if you grant Russia sovereignty over the Sea of Azov, I have no doubt that Russia will abuse that sovereignty to the detriment of its neighbors.

By ratifying UNCLOS, Russia agreed to abide by the rules of the law of the sea.  As these past two weeks have demonstrated, Russia has trampled on that commitment in service of its own interests, ignoring its international legal obligations to respect navigation, protect the marine environment, and preserve underwater cultural heritage.  As my colleague Ambassador Korynevych noted at the outset of these proceedings, “Russia illegally takes what it wants, rewrites international law to its liking, and then demands that tribunals like this one accept what it says, as it has always done.”  We ask this Tribunal to tell Russia that “enough is enough.” We ask that you give meaning to the Law of the Sea Convention. We ask that you uphold the legal rules of the world oceans that were drafted to protect the common interests of all humankind. 

We also have specific requests.  It is not enough to tell Russia that it violates international law.  Russia must be ordered to provide assurances that it will not repeat its violations in the future. Russia must be ordered to stop its unlawful conduct.  Russia must be ordered to wipe out the consequences of its illegal acts by releasing and de-registering the Ukrainian drilling rigs that it has unlawfully seized and re-flagged. Russia must be ordered to conduct proper studies on the impact of Russia’s construction projects in the Kerch Strait on the marine environment, and Russia must be ordered to take steps to remediate the environmental damage caused by these projects and to actively manage continuing risks of environmental harm.

There is a final remedy that is of utmost importance for the future of the Sea of Azov, Kerch Strait, and the Black Sea. The Tribunal must order Russia to dismantle and remove the so-called Kerch Bridge.  Dismantling the bridge is the only way to restore passage for the vessels of all countries who used the Strait in the past, and the vessels that are anticipated to use the Strait in the future.  It is Russia that unlawfully built this bridge, and now it needs to remove it to enable passage through the Kerch Strait consistent with international law.  Russia should do so in conformity with its other UNCLOS obligations to protect the marine environment and underwater cultural heritage.

Finally, recognizing the importance of these remedies to Ukraine and all States Parties to UNCLOS, Ukraine further requests that the Tribunal remain in place for 24 months after its final award in order to be available to respond to requests concerning implementation. This last issue is important, so your final award will play an important role in development and protection of the law of the sea.  

Mr. President, Members of the Tribunal, Ukraine envisions a better future where the Constitution of the Oceans that governs the Sea of Azov and Kerch Strait is enforced as the drafters of UNCLOS intended. We hope this Tribunal will take the important step toward securing the future of Ukraine and this vibrant maritime region. To secure the future of global ports that conduct international commerce guided by the core principles of free navigation and transit passage of grain, steel, and commodities through open international straits. To ensure a future where the common heritage of humankind - the marine environment and priceless underwater cultural heritage - are protected for future generations. 

On behalf of Ukraine, allow me to thank the Permanent Court of Arbitration for its assistance. I thank the interpreters and the staff of the PCA for their professionalism during these proceedings. And finally, Mr. President, distinguished Members of the Tribunal, I thank you for your attention in this matter that is important for Ukraine and the entire world. This concludes the oral arguments of Ukraine at these hearings".