Ha! If those waters are "Ukrainian", why Ukrainian fleet didn't protected them? De facto - Crymea is under Russian control. De facto - Russian fleet controls it's territorial waters. De facto - it was not an "innocent passage", it was a provocation
And nonetheless it is Ukraine's waters. Russia is in no position to claim about some violation because it gained these territories by violation. The Brits didn't claim about their right on passage because of the right of innocent passage. This trend was pushed by Russian propaganda.
No. If we consider, that Crymea is an "occupied", and Russia is an "occupation power", then we are going to the "right of war".
Occupation also extends to the occupied State’s territorial waters (internal waters and territorial sea) to the extent that effective control is established over the adjacent land territory. Under the law of armed conflict, the occupant may take measures to ensure “public order and safety” in the occupied territory, including its territorial waters. In particular, the occupying Power may take measures “to ensure the security of the Occupying Power, of the members and property of the occupying forces or administration, and likewise of the establishments and lines of communication used by them.” Under the laws of armed conflict, the occupying power has the right to suspend in all or in parts of the territorial sea of the occupied territory the innocent passage of foreign ships, if it considers it necessary for imperative reasons of security.
State practice shows that belligerent occupants may suspend innocent passage of foreign ships in the territorial sea of the occupied territory. For example, on 2 May 2004, the United States, acting as an occupying Power in Iraq, issued a notice to mariners establishing with immediate effect a 2,000-metre exclusion zone around the Khawr Al’Amaya and Al Basra oil terminals in the Persian Gulf and temporarily suspended “the right of innocent passage […] in accordance with international law around [these] oil terminals within Iraqi territorial waters.”
The question is thus not whether the Russian Federation is the “coastal State” with regard to the Crymean Peninsula but whether it is the “occupying Power” there. During the ongoing armed conflict between Russia and Ukraine the law of the sea is at least partly supplanted by the law of armed conflict and, in particular, the law of occupation. Ukraine and other States cannot consider Russia to be an occupying Power in Crymea and, at the same time, deny it the rights that come with that status.
No, they had a right on passage because they considered it to be a Ukraine's territory. That was claimed on the first day.
The Russians can go **** themselves with their bullshit of innocent passage. The ship wasn't going through the waters off Sochi or Novorossiysk.
For short: does not really matters is Russia a "Coastal State" or an "Occupation Power". Ukraine don't control Crymea, and can't establish her own rules in the Crymean territorial waters.
The difference between Ukrainian and Russian claims is simple - the Russians can really sink the provocators
Yeah? Why didn't they do that?
Who knows? Their waters (and ships) - their rules, whatever they are "lawful owners" or "occupants". May be they will next time.