Conflicts, in general, destroy heritage.
Sometimes they create them too.
A week after the sinking of the Russian cruiser Moskva
in the Black Sea,
Ukraine
announced on Thursday that it had classified the wreck of the warship in the register of underwater cultural property.
The Ukrainian Defense Ministry, which refers to the UNESCO Convention on Underwater Cultural Heritage, clarified that the remains of the vessel have been relabeled as underwater remains No. 2064, as
"rare scientific or technical equipment ".
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The Ukrainian authorities claim this action by including the wreck site within the exclusive economic zone of Ukraine which extends, according to the law of the sea, up to 370 kilometers from the coast.
"Only 80 nautical miles
(more than about a hundred kilometers, Editor's note.)
from Odessa, the famous cruiser, the largest wreck lying at the bottom of the Black Sea, can be admired without great difficulty!"
, laughs the press release from the Ukrainian ministry, about the classified ship which would rest at a depth of about 40-50 meters.
The heritage status of the wreck of the
Moskva
could however not be recognized internationally, if only by Russia, which is not one of the signatories of the UNESCO convention on underwater cultural heritage.
“Ukraine is playing the head of Russia”
, commented for the American media Politico Eden Sarid, professor of law at the University of Essex and specialist, in particular, of underwater cultural heritage.
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A unilateral and hasty gesture
According to the expert, in addition to Russia's non-participation in this convention signed in 2001, two additional legal obstacles stand in the way of Ukraine.
First of all, the wreck would be far too recent to claim to be registered as underwater cultural heritage, whereas the text of the convention only grants this denomination to objects submerged for more than a century.
The wreck of the
Titanic
, for example, could not be placed under the protection of Unesco until 2012, that is to say 100 years after its tragic sinking.
The many wrecks dating from the Second World War are, for their part, still not protected.
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After the sinking of the
Moskva
, the distress of families without news
Finally, the wreck of the
Moskva
would still belong, according to the specialist, to Russia, the Unesco convention not modifying the rules of international law relating to the sovereignty of States.
True to its sense of humor, the digital communication service of the Ukrainian Ministry of Defense suggested on Thursday that the registration of the wreck as a national heritage would, in short, compensate for
"the lack of underwater tractors of [their] farmers and [their] fishermen”
.
According to the Ukrainian Armed Forces, the
Moskva
, flagship of the Russian Black Sea Fleet, sank on April 14 after being hit by two Neptune anti-ship missiles.
According to Russia, on the other hand, the cruiser would have sunk following an explosion of ammunition on board the ship during a storm.
After having remained silent for several days on the human losses, the Russian Ministry of Defense drew up an initial assessment on Friday set at 28 victims: one dead and 27 missing.
According to the Russian authorities, the 396 other sailors of the
Moskva
would have been evacuated.