Russia and Ukraine spar over Crimea bridge in court

  • September 24, 2024
  • Posted by: OptimizeIAS Team
  • Category: DPN Topics
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Russia and Ukraine spar over Crimea bridge in court

Sub: IR

Sec: Places in news

Context:

  • On September 22, 2024, Russia and Ukraine faced off at the Permanent Court of Arbitration (PCA) in The Hague, over access to coastal waters surrounding the Crimea peninsula, which Russia annexed.

Key Points of the Dispute:

  • The dispute dates back to September 2016, when Ukraine first brought the case to the PCA, seeking to assert its rights as a coastal state.
  • Ukraine’s Argument:
    • Ukraine highlighted the Kerch Bridge, built by Russia to connect Crimea to the mainland, as a barrier that impedes international shipping.
    • Ukraine claims that Russia treats the Kerch Strait, Sea of Azov, and parts of the Black Sea as if they were part of its “21st century empire”.
  • Russia’s Response:
    • Kuzmin claimed that the Kerch Bridge was necessary to counter a Ukrainian “blockade” of Crimea and denied any disruption to shipping.

Crimean Bridge (Kerch Strait Bridge / Kerch Bridge)

Location:

  • Spans the Kerch Strait
  • Connects:
    • Taman Peninsula (Krasnodar Krai, Russia)
    • Kerch Peninsula (Crimea)

Construction:

  • Built by: Russian Federation
  • After the annexation of Crimea in early 2014
  • Length: 19 km (12 mi)

Notable Features:

  • Longest bridge in Europe
  • Longest bridge ever constructed by Russia

Sea of Azov:

Location and Classification:

  • Inland shelf sea in Eastern Europe
  • Often considered a northern extension of the Black Sea
  • Connected to the Black Sea via the Strait of Kerch
  • Bordered by Russia (east) and Ukraine (northwest and southwest)

Geographical Features:

  1. Inflow:
    • Major rivers: Don, Kuban, and others
    • Bring sand, silt, and shells
  2. Coastal Features:
    • Numerous bays, limans, and narrow spits
    • Low shores and spits with rich vegetation and bird colonies
  3. Sea Bottom:
    • Relatively smooth and flat
    • Depth increases gradually towards the middle
  • Shallowest sea in the world

There are three major Judicial organizations in the world:

TopicICJ (International Court of Justice)ICC (International Criminal Court)PCA (Permanent Court of Arbitration)
Established underEstablished under UN Charter 1945 (which also established UNSC) to act as a principal Judicial organ of UNSetup under Rome Statute in 1998Established by the Convention for the Pacific Settlement of International Disputes, concluded at The Hague in 1899 and the convention revised in second Hague Peace Conference in 1907.
Head QuartersHague, The Netherland

(Only principal UN organ not located in New York)

Hague, The NetherlandHague, The Netherland
MembershipMembers of UN automatically becomes the member of ICJThe nations have to sign and ratify the Rome Statute to become the member of ICCThe nations have to sign and ratify any one of the above conventions to become a member of PCA
CapacityCivil courtCriminal CourtArbitration tribunal
Area of function ICJ Settles legal disputes between Nations only. ICJ settle disputes on issues of Sovereignty, trade, treaty violations and interpretations, etc.ICC Tries Individual only for the crimes like Genocide, war crimes, crimes of aggression and crimes against humanity.PCA settles disputes between member states, International organizations or private parties, like territorial and maritime disputes, sovereignty, human rights, International investments and regional trade etc.
Jurisdiction
  • Once the country accepts UN intervention then the judgement is binding.
    Judgments given in contentious cases between states are also binding in nature
  • Court also gives advisory opinions to the Council, the General Assembly and other authorized bodies on legal questions referred to it by these entities
  • Co-operation of non-party state is voluntary.
  • If the case is referred by UNSC then the judgement is binding on all UN members
  • Rulings are binding in nature. But the PCA has no powers to enforce the rulings.
Relationship with UN
  • Not Applicable (Principal Judicial organ of UN)
  • Observer Status in UN
  • Observer Status in UN
Members15 members elected for 9 years.

  • To get elected candidate has to get absolute majority in UNGA and UNSC
  • 5 Judges are elected for 3 year once
  • No two Judges can be from same nationality
  • Members can be re-elected
18 judges elected among member countriesNo sitting judges for the organization. Parties select their arbitrators
SpecialtyAs it is the UN principal judicial organ it is called as “world court”Worlds first Permanent Criminal Court.

The ICC is a court of last resort. It acts essentially as a safety net when national courts are unable to prosecute, either because the criminal justice system is unequipped or collapsed, or because the perpetrators continue to wield influence over the government

First permanent intergovernmental organization to provide arbitration
Membership of IndiaIndia is a memberIndia is not a signatory to Rome StatuteIndia is member of PCA. India ratified the 1899 convention in 1950.

Source: TH

IR Russia and Ukraine spar over Crimea bridge in court