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| Date | March 13, 1986 (1986-03-13) |
|---|---|
| Location | Black Sea |
| Coordinates | 44°13.5′N34°09.3′E / 44.2250°N 34.1550°E /44.2250; 34.1550 |
| Type | Deliberate naval collision |
| Target | United States Navy vessels: |
| Perpetrator | Soviet Navy vessels:
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On March 13, 1986, the AmericancruiserUSS Yorktown and thedestroyerUSS Caron tried to exercise the right ofinnocent passage under international law through Sovietterritorial waters in theBlack Sea near the southernCrimean Peninsula. They were confronted by SovietfrigateLadny and border guard vesselsDozorny andIzmail.[1]
Yorktown andCaron stayed in Soviet territorial waters for roughly two hours.[1] The situation de-escalated when the US ships left; diplomatic repercussions continued for several weeks.[2]
"The Rules of Navigation and Sojourn of Foreign Warships in the Territorial Waters and Internal Waters and Ports of the USSR", enacted by theSoviet Council of Ministers in 1983, acknowledged the right of innocent passage of foreign warships only in restricted areas of Soviet territorial waters in theBaltic,Sea of Okhotsk and theSea of Japan.[3] There were nosea lanes for innocent passage in the Black Sea.[3] The United States, starting from 1979, conducted afreedom of navigation program as the US government believed that many countries were beginning to assert jurisdictional boundaries that far exceeded traditional claims. The program was implemented because diplomatic protests seemed ineffective.[4] The US actions in the Black Sea were challenged by the Soviet Union several times prior to the 1986 incident, particularly on December 9, 1968, August 1979 and on February 18, 1984.[3]
At the time, the Soviet Union recognized the right of innocent passage for warships in its territorial waters solely in designatedsea lanes.[5] The United States believed that there was no legal basis for acoastal nation to limit warship transits to sea lanes only.[6] Subsequently, theU.S. Department of State found that the Russian-language text of theUnited Nations Convention on the Law of the Sea, Article 22, paragraph 1 allowed the coastal state to regulate the right of innocent passage whenever necessary, while the English-language text did not.[7]
On March 10, 1986, theTiconderoga-class cruiser USSYorktown, accompanied by theSpruance-class destroyer USSCaron, entered the Black Sea via theTurkish Straits.[8] Their entrance was observed by aKrivak-class frigate,Ladny, which was ordered to continue observation.[8] On March 13,Yorktown andCaron entered the Sovietterritorial waters and sailed west along the southernCrimean Peninsula, approaching within 6 nautical miles (11 km) of the coast.[8] Having entered from the direction ofFeodosia, the US warships sailed for two hours and 21 minutes.[8] Both American warships also confronted the Soviet border guard vesselsDozorny andIzmail.[9] The commander ofLadny, Captain Zhuravlev, reported the incident to his superiors.[10]
The Russian state-runIzvestiya editor Vyacheslav Lukashin claimed that "at the time of the incident the Commander-in-Chief of the Soviet NavyVladimir Chernavin knew that the order for the U.S. warships to proceed into Soviet waters was given by the U.S. Secretary of DefenseCaspar Weinberger with the consent of PresidentRonald Reagan."[10]
TheSoviet Ministry of Foreign Affairs held two press conferences concerning the incident.[8] The UScharge d'affaires, Richard Combs, was summoned to the Soviet Ministry of Foreign Affairs to receive the Soviet protest.[1] The Soviet Union stated that the US "violation" of its territorial waters "was of a demonstrative, defiant nature and pursued clearly provocative aims".[1]Vladimir Chernavin claimed that "the innocent passage of foreign warships through the territorial waters of the USSR is permitted only in specially authorized coastal areas which have been announced by the Soviet government [and] there are no such areas in the Black Sea off the coast of the Soviet Union".[1]
Replying to the Sovietnote verbale about the incident, the US stated that "the transit of the USSYorktown and USSCaron through the claimed Soviet territorial sea on March 13, 1986, was a proper exercise of the right ofinnocent passage, whichinternational law, bothcustomary and conventional, has long accorded ships of all states".[11] TheU.S. Department of State's instructions to the American embassy in the Soviet Union noted the US "would not want to lend any validity to a Soviet position that their domestic law was at all relevant in determining U.S. navigational rights under international law".[11] An article in theAmerican Journal of International Law argued in 1987 that "the course of the American warships indicated on a map published in Izvestiia confirms that the passage of the vessels was a lateral one" and that "at no time did they take a course that could be construed as expressing an intention to enter theinternal waters or ports of the USSR".[8]
In the subsequentincident of 1988, the same USSYorktown and USSCaron, while claiming innocent passage again in the Black Sea, were bumped by the Soviet vessels.[12]