Drone attacks on merchant ships in Black Sea may constitute war crimes and violations of international humanitarian law. They pose serious risks to shipping, drive up insurance costs, and jeopardize the safety of crews, tourism, and Bulgarian grain exports. The Prosecutor’s Office must assist in gathering evidence, and seeking compensation will be extremely difficult due to the complexities of international law and state sovereignty. This warning was issued by Assoc. Prof. Dr. Petar Bonchovski of the VKBG Law Firm (attorneys Veselina Kirilova, Petar Bonchovski & Co.) on the Bloomberg tv program hosted by Hristo Nikolov.
According to him, a huge problem arises regarding compensation for shipowners, cargo owners, seafarers, and the families of those who have died. The main financial burden is usually borne by insurers.
The lawyer is adamant that the prosecutor’s office must take action. If an international request for legal assistance is made, the Bulgarian authorities should cooperate in gathering evidence, even though the attacks were carried out outside the country’s territory.
“It would be good to include military risk, but given that ships are sinking and cannot carry out either their commercial operations or their commercial activities, this shipping business begins to lose its meaning. Insurance becomes extremely expensive.”
Sailors Under Threat: Will There Be Crews for the Ships in the Black Sea?
Bonchovski also raised the issue of the safety of sailors, who could be killed in a sudden attack even while they are sleeping.
“Imagine the crews of all those ships currently in the Black Sea—how they must be feeling. Given that, in their sleep, they could literally be shot down and sent to the bottom of the sea in three minutes. That would create another problem. And the question is whether there will even be any crews left at all.”
In his view, establishing state liability and obtaining compensation will be extremely difficult.
War Crimes and the Difficult Struggle for Compensation Due to State Sovereignty
“These are matters that are very difficult to regulate, and it will be very difficult to find a court, since the rule in international civil procedure is that every sovereign state is pursued before its own courts. And if this rule is violated, then collecting the amounts will be nearly impossible without the appropriate cooperation. Surely you can’t imagine assets being sold off just because some court somewhere has decided to rule against a powerful country? That would be a huge problem, from a purely practical standpoint.”
Bonchovski emphasized that state sovereignty creates serious obstacles to the enforcement of court decisions and the compulsory collection of awarded amounts.
The lawyer explained that attacks on merchant ships are, in principle, impermissible. Exceptions may arise in cases involving the transport of military materials, smuggling for the benefit of the enemy, or refusal to submit to inspection. Even then, a direct attack would be questionable as a proportionate measure.
“If all of this is true, then it would constitute both a violation of humanitarian law and a war crime.”
Tourism and Grain Exports in Doubt Due to Military Risks in the Black Sea
Bonchovski also warned of serious economic consequences for Bulgaria, including for the summer tourist season and grain exports.
“It’s unclear how we’ll export this grain. Will there be ships available? Romania and Turkey are also deeply concerned about the trade implications. One possible solution is to organize convoys, but this requires a careful risk assessment.”
He emphasized the need for the timely collection of evidence, including inspections of the surviving ships, since the incidents affect the interests of many countries.
Bonchovski noted that the EU and NATO are proceeding cautiously because a nuclear power is involved in the conflict.
“Ultimately, these are relationships of sovereignty in which the law is very closely intertwined with diplomacy and political decisions.”
The full interview on Bloomberg: https://www.bloombergtv.bg/a/16-biznes-start/165433-voenniyat-risk-v-cherno-more-po-skapi-zastrahovki-i-valna-ot-obezshteteniya
