‘The special military operation’ conducted by the Russian Federation, including the ‘anti-terrorist operation’ in the Black and Azov Seas carried out by its Black Sea Fleet, meets the definition of aggression, which, in addition to violating the UN Charter, also violates the provisions of UNCLOS (Article 301) and the San Remo Manual (general provisions, first three sections). The unilateral announcement (through a navigational warning) of an ‘anti-terrorist operation’, and in fact a sea blockade of Ukrainian ports, is contrary to the content of UNCLOS (freedom of navigation) and does not meet the requirements for methods of fighting at sea (sea blockade, zones - San Remo Manual).
The missile attacks on civilian and protected objects located on the territory of the Ukrainian state, carried out by ships and aircraft of the Black Sea Fleet, as well as artillery and missiles shelling of coastal towns, constitute a gross violation (war crime) of the international humanitarian law of armed conflicts (San Remo Manual). On contrary, the use of unmanned surface vehicles (drones) by the Ukrainian side in the arak on the Sevastopol base is in accordance with the provisions of the Manual (means of warfare at sea). Particular attention in the discussed armed conflict deserves art. 35 (c) UNCLOS relating to the Turkish Straits, which allows Turkey (based on the Montreaux Convention) to significantly influence the strategic and operational situation in the Black Sea by denying the use of the straits to warships (Turkey closed them to warships all flags). The voting procedure for informal members of the UN Security Council should be considered ineffective, which in the discussed case, when the aggressor is a state – a permanent member of the Security Council makes it difficult to apply measures provided for by international law against it and forces the use of ad hoc solutions, such as ‘grain corridors’.

From the announcement of the Independence by Ukraine in 1991 and signing many bilateral agreements with the Russian Federation on the state border, the joint use of the Azov Sea and the Kerch Strait, until the annexation of the Crimea in 2014, both parties did not manage to carry out maritime distractions on these waters, due to different positions. After the annexation of the Crimea, the situation became beneficial for FR, because in its hands there was a Kerch Strait and the Russian side started the economic blockage of Ukrainian ports on the Azov Sea. The Ukrainian site, wanting to increase the number of its ships in the Berdyansk base located on this sea, decided to move through the sea team consisting of 2 artillery cutters and a subsidiary (tug) belonging to the Navy of Ukraine. During the approach to Kerch Strait, an incident occurred on November 25, 2018 between Ukrainian ships and the ships of the border service of the Federal Security Service (shelling, detention of the ships, arrests and putting their crews before the court). The above action was inconsistent with international law violating Articles 32, 58, 95 and 96 of the Convention on the Law of the Sea from 1982. The International Tribunal for the Law of the Sea in its judgement ordered RF to give back the ships and send seamen to Ukraine. The warrant was performed partially: ships were returned, while seafarers returned as part of the exchange of prisoners between the parties. Currently, Russia continues to run the economic blockage of the Ukrainian ports, closing (due to military exercises) approaches to the Kerch Strait for ships and vessels of other countries. The current situation indicates that Russia implements its geopolitical goals and disregards the provisions of international law of the sea.