What is the Montreux Convention?
It is an international agreement signed in 1936 that gives Turkey control over the Istanbul and Dardanelles Straits and the right to regulate the passage of warships. The Convention gives Turkey full control over the Straits and guarantees the free passage of civilian ships in peacetime. The Convention limits the passage of warships belonging to countries that do not have a coast on the Black Sea. The Montreux Convention has divided the transit regime of ships through the Straits into two as the transit regime to be applied to Commercial Ships and Warships, regardless of which country they are subject to.
Due to the war situation between Russia and Ukraine, which is the main agenda item in the world and in our country, in this bulletin, we will be examining the sanctions and transition regime that warships will be subject to in accordance with the Montreux Convention.
What is the transition regime to be applied to warships in peacetime?
The Black Sea littoral states shall have the right to pass their submarines, which they have built or purchased outside this sea, through the Straits to join their naval bases, if Turkey is notified in time of their placing or purchasing. These submarines will be able to pass through the Straits to be repaired at the benches outside the relevant sea, provided that detailed information is given to Turkey on this matter in a timely manner. In both cases, submarines would have to sail during the day and over the water and pass through the Straits alone. For warships to pass through the Straits, it will be necessary to give a preliminary notification to the Turkish Government through diplomacy. The usual duration of this notice is eight days; however, this period is fifteen days for non-Black Sea littoral states. The total tonnage of all foreign naval forces that may pass through the Straits shall not exceed 15,000 tons. If, at any time, the tonnage of the strongest navy in the Black Sea exceeds the tonnage of the strongest navy in this sea by at least 10,000 tons at the time of signing the contract, other riparian countries may increase the tonnage of the Black Sea navies up to a maximum of 45,000 tons. To this end, each riparian State shall notify the Turkish Government of the total tonnage of its navy in the Black Sea on 1 January and 1 July each year; The Turkish Government will also share this information with other non-riparian states before the United Nations. However, if one or more non-Black Sea states want to send naval forces to this sea for a humanitarian purpose, the total of this force cannot exceed 8,000 tons under any assumption. Regardless of the purpose of their presence in the Black Sea, warships of non-riparian states will not stay in this sea for more than twenty-one days.
What is the transition regime to be applied to warships in wartime?
If Turkey is not one of the warring countries, in case of war, warships will enjoy full freedom of transportation in the Straits, under the conditions stated above. BATTLESHIPS OF ANY FIGHTING STATE WILL BE PROHIBITED TO PASS THROUGH THE STRAITS, except in cases of aid made pursuant to a mutual aid treaty binding on an attacked State and Turkey.
Warships belonging to Black Sea littoral or non-littoral states and which have left the mooring ports will be able to cross the Bosphorus in order to reach their own ports. Warships of warring states are prohibited from attempting to seize, exercise control (visit) rights, and engage in any other hostile action in the Straits. In time of war, if Turkey is at war, the Turkish Government will be able to act completely as it wishes regarding the passage of warships. If Turkey accepts itself in the face of an imminent threat of war, Turkey will start to implement the state of war transition regime; If the United Nations Council does not find the measures taken by Turkey to be justified by a 2/3 majority, Turkey will have to take these measures back.
As a result, if the ongoing tension between Russia and Ukraine becomes official with a declaration of war, there will be no need for Turkey to apply a permit and/or procedure in this regard, since the warships of the two countries at war are prohibited from using the Straits in accordance with the Montreux Convention. However, since there is currently no official declaration of war(?), Turkey will not be able to intervene in the passage of the relevant warships as long as the parties do not officially enter a state of war and as long as the above-mentioned conditions exist.
Ünal § Partners Legal Team
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