Lawyer Hristo Raev: What is happening in the Black Sea are war crimes

The attacks on merchant ships in the Black Sea raise serious questions about international law, the security of shipping and Bulgaria's ability to protect its interests in its exclusive economic zone. The military risk is already affecting insurance premiums, shipowners' expenses and the crews' willingness to sail in the region. Along with strengthening its defense capabilities, our country must also seek diplomatic, legal and regional solutions. What could be the outcome of the situation… Lawyer Hristo Raev, a specialist in maritime law, spoke to FAKTI.

- Lawyer Raev, how is an attack on a merchant ship in Bulgaria's exclusive economic zone qualified under international law? We are already witnessing a series of attacks against ships that are increasingly close to Bulgarian territory?
- As a total aggression. The war between Russia and Ukraine has been going on for five years now, and the conflict is increasingly affecting the entire Black Sea, including our economic zone.

- After similar attacks in Romania and Turkey, we can already see that the threat is reaching Bulgaria. What should our country's reaction be?
- Apart from strengthening our defense capabilities, how else can we react? What is happening in the Black Sea are war crimes. Attacking ships on the high seas is a direct violation of the UN Convention on the Law of the Sea, which stipulates that all ships can sail freely on the high seas and no state has the right to threaten them, detain them, let alone destroy them. Except in a few specific cases, when they commit some kind of pollution or some kind of smuggling, and so on. Attacks on ships in the Black Sea raise serious questions about compliance with international law.
We are already talking about dozens of sunken ships in the Black Sea, and Bulgaria cannot remain unaffected by such developments. It is necessary to assess what measures can be taken to protect the security and interests of our country while respecting international law.
- If it is established which state carried out the attack, what responsibility does it bear?
- The Russian state has long been criticized by democratic societies for its aggression against an independent state like Ukraine. This criticism also applies to actions that affect civilian objects and infrastructure. Now the problem is spreading to commercial shipping.
The significant difference is that ships under the flags of third countries are now being attacked, not just Ukrainian ones. This expands the circle of affected countries and increases the risk that the conflict will have wider international consequences. If it is established who the perpetrator is, responsibility must be determined on the basis of evidence and applicable norms of international law.

- What is the desired effect of these attacks? Insurance prices are rising, and some captains are refusing to sail in the Black Sea. Should we consider what is happening as a continuation of the aggression against Ukraine, or is the goal also to create a wider zone of insecurity?
- The effect is multifaceted. The Russian state is taking various actions that affect Europe and other countries at various levels. We are talking about allegations of sabotage and interference in the political processes in European countries. I recently read that there is already direct evidence of Russian interference in the exit of Great Britain from the European Union.
Different effects are being sought. It is unlikely that the sinking of a relatively small ship, regardless of what it is carrying, would significantly change the situation on the front in Ukraine. However, in my opinion, the consequences could be the creation of a zone of insecurity in which shipping becomes increasingly difficult and risky. Therefore, I believe that all Black Sea countries should jointly declare themselves against such military actions.
- Ships that sail, like airplanes in airspace, are tracked by various systems. How long would it take to find out exactly where the drones that sank the ship came from? Is it possible that this is already known?
- In my opinion, these facts have been known for a long time and it is known what happened.
- Then why is the information not being made public and clear?
- This is not being said directly for political reasons. Many analysts have already commented on the topic, pointing out that in view of the upcoming elections, the government does not want to disappoint a part of the electorate that likes Putin.
- Do you have information whether drone attacks, including aerial and underwater, can be detected by international shipping systems and maps?
- These are very specific questions that require specialized knowledge. It is difficult for me to answer. There is no way to give a definitive answer to this question.
- Ship insurance is proving to be one of the big problems. Companies are either refusing to insure vessels or raising prices. In what period of time can the situation normalize?
- The insurance problem is only part of the burdens that fall on shipowners. In areas with military risk, crew salaries also increase, as additional payments are charged for the risk taken. Sometimes salaries double, and in other cases even triple.
Shipowners are seriously affected and it is completely normal for them to avoid sailing in the Black Sea when the risk is so high. The situation may change when hostilities cease, direct negotiations begin, escalation is limited, and some de-escalation occurs.
The bad thing is that when such restrictions and risk assessments are established in a given region, they are very difficult to change. We are also observing a similar situation in the Persian Gulf. There may be periods of de-escalation followed by a new intensification of hostilities, but this does not necessarily mean that trade conditions will normalize. Such uncertainty does not work in the favor of international trade.
- What are the possibilities for a common legal and diplomatic reaction of Bulgaria, Romania, and Turkey, which are among the most affected by what is happening in the Black Sea?
- A diplomatic solution must be sought. It is clear that Bulgaria, like other European countries, is failing to stop the hostilities. But the Black Sea states can take other measures to show Russia that such behavior will have consequences.
Turkey, for example, has powers over passage through straits under the applicable international legal regime. Possible actions must be assessed in accordance with that regime and the country's international obligations.
It is important to have a coordinated response that shows that states in the region will not accept inaction as the only option.
- What are Bulgaria's specific rights in its exclusive economic zone? Can our country deploy military equipment there to protect shipping?
- Our rights at sea are clearly delineated by international law. The 1982 UN Convention on the Law of the Sea stipulates that states have the right to a territorial sea up to 12 nautical miles wide, which is under their sovereignty.
Next is the contiguous zone, which can extend up to 24 nautical miles from the baselines. In it, the state has certain control powers, but they are limited to specific areas provided for in international law.
Then there is the exclusive economic zone, which can reach up to 200 nautical miles. In it, the state has sovereign rights to explore, use and manage natural resources, including gas extraction and other subsoil resources.
However, this does not mean that Bulgaria can restrict free navigation in this zone.
- Is it possible to deploy military equipment to protect the economic zone?
- I do not know how this could be done in practice. We are talking about areas with great depth. Depths of at least 1000 meters are indicated for the sunken ship, and according to some information - and about 2000 meters. This is an area where the relief of the Black Sea drops sharply, and it is not a shelf zone. At this stage, I do not see an easy solution. Bulgaria does not have the necessary serious underwater capabilities for such activity. In addition, technical capabilities must be distinguished from the powers of the state.
The fact that a given maritime zone is part of the exclusive economic zone of Bulgaria gives us rights to the use of natural resources and the opportunity to regulate activities related to them. However, this does not give us the right to restrict freedom of navigation, which is also preserved in this zone. All states have the right to use maritime spaces in accordance with international law.