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Goodbye Grotius, Hello Putin
Putin examining a map of Ukraine's Crimea oblast.
As we have seen in both Georgia and Ukraine, Russia (and China in Asia) believes that "incremental warfare" is an important component in the quest for expansion. Russia never withdraws. Kremlin forces are constantly seeking to expand occupied territory and this doctrine has now been adopted by the Russian Navy as well. Just last week Moscow said it would be restricting ships in the Arctic. Without serious international push-back, Moscow and Beijing will be swallowing seas and strait's and denying access as whims strike. They will dare the world to resort to force to free international waters captured via "incremental warfare". This situation is becoming undeniable and untenable.
Putin examining a map of Ukraine's Crimea oblast.
11/29/18
Sunday’s encounter between Russian and Ukrainian vessels in the Kerch Strait, the entryway to the Sea of Azov east of the Crimean peninsula, revived an age-old question in international politics: Can a coastal nation own the sea? International law says no; authoritarian states such as China and Russia say yes. Which view prevails may depend on whether seafaring societies band together and push back effectively against Moscow and Beijing. In recent months, Moscow has taken to treating the Kerch Strait as a border checkpoint—a point of entry to sovereign Russian territory. Guards demand that Ukrainian ships request permission before transiting the strait; Ukraine rejects Russia’s right to regulate passage through the sole gateway to Ukraine’s southeasterly seacoast. Moscow has upped the stakes because it can. The new policy flouts a 2003 bilateral agreement designating the Kerch Strait and Sea of Azov “historically internal waters of the Russian Federation and the Ukraine.” The pact guarantees ships flying the flags of both countries “free navigation” through these seaways. Barricading the Kerch Strait makes the Sea of Azov a Russian lake. But Moscow may have more ambitious goals. Indeed, imposing control of the strait helps Russian President Vladimir Putin and his government chip away at the U.S.-led legal order of the seas, much as President Xi Jinping’s China has eroded navigational freedoms in the South China Sea. Both Beijing and Moscow covet the right and power to dictate what happens in offshore waters. They have resorted to armed force to buttress their extralegal claims and are counting on competitors to be unable or unwilling to contest those claims effectively.
Over the longer term, Russia can hope to browbeat Ukraine into acceding to its de-facto sovereignty over the Sea of Azov, just as China has evidently cowed the Philippines (and is attempting to cow Vietnam and other maritime claimants) into tacitly accepting its possession of reefs and atolls such as Scarborough Shoal and Mischief Reef. China’s navy and coast guard ensconce themselves on islands and atolls and dare outmatched opponents to dislodge them. This is happening despite a 2016 international court ruling pronouncing China’s seizure of features within the Philippine “exclusive economic zone” unlawful. Under the traditional understanding of maritime law, as codified in the 1982 U.N. Convention on the Law of the Sea, sovereignty applies only to dry land and to a 12-nautical-mile “territorial sea,” or strip of sea immediately offshore. Neither China nor Russia appears to accept that land-bound doctrine. The two countries seem to think they can redefine water as national territory. If they get their way, lawmakers in Beijing and Moscow will make the rules stipulating what navies and merchant fleets may do there. They will restrict military activities in particular. To combat Russia’s low-level aggression, the United States and its allies must first admit they have a problem. Freedom of the sea is indivisible. If Russia makes itself the de facto sovereign of the Sea of Azov, future moves in its incremental strategy will soon follow. Its strategy will imperil the broader Black Sea and eventually the eastern Mediterranean Sea and the Baltic Sea. Washington must push back hard.
As we have seen in both Georgia and Ukraine, Russia (and China in Asia) believes that "incremental warfare" is an important component in the quest for expansion. Russia never withdraws. Kremlin forces are constantly seeking to expand occupied territory and this doctrine has now been adopted by the Russian Navy as well. Just last week Moscow said it would be restricting ships in the Arctic. Without serious international push-back, Moscow and Beijing will be swallowing seas and strait's and denying access as whims strike. They will dare the world to resort to force to free international waters captured via "incremental warfare". This situation is becoming undeniable and untenable.