It seems that Russia will be tracking and may be targeting merchant vessels regardless of their flag and, in one interpretation, with little apparent focus on their activity and purpose. The recent announcement by the Kremlin that Russia is pulling out of the arrangement by which grain has been shipped out of Ukrainian ports for global consumption, was accompanied by an explicit threat to all merchant shipping in the Black Sea region.
It is not just the normative considerations of UNCLOS which will determine the legality, or not, of Russian military actions in the Black Sea.
The Law of Armed Conflict (LOAC) applicable at sea must be considered alongside the UN Convention on the Law of the Sea (UNCLOS) 1982 and military intent of the Kremlin for influence of Russian maritime operations.
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