Abstract
The study of underwater cultural heritage, and that of sunken warships, has typically focused on the legal protections that surround a site in the years, or often centuries, after the sinking. The Russia-Ukraine conflict has given cause to study the topic in a more modern context. Several Russian Naval vessels have been sunk by Ukraine, the most famous being the Black Sea flagship, the Moskva, in April 2022. Following the sinking, Ukraine stated the Moskva was now a heritage site, with a Ukrainian Defence Minister joking that the wreck was simply “one more diving spot.”
This article will examine the legal status of the Moskva as she lies on the seabed. While it is right that the site should in due course be a protected heritage site, the current legal regime in place between Russia and Ukraine is the law of armed conflict. This gives rise to a different set of legal rights and obligations. Although the Ukrainian declaration has clear benefits in terms of Kyiv’s ongoing war narrative, the article suggests that it was not strictly necessary and perhaps premature. Instead, as a belligerent, Ukraine may exploit the wreck as part of its own ongoing war effort.
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