Legal Guide to Ships Sunk in War Zones and Seafarers' Rights: Material-Moral Damages and Financial Claims

INTRODUCTION

The Russia-Ukraine war has not only reshaped the geopolitical dynamics of Eastern Europe; it has also transformed the Black Sea into a high-risk operational theater regarding international maritime trade, navigation safety, and maritime labor law. Since the beginning of the conflict, numerous commercial vessels navigating in the Black Sea or stranded in regional ports have suffered damage, sunk, or experienced severe casualties due to missile strikes, sea mines, and active combat elements.

The tragic damages arising from such incidents are not limited to shipowners and cargo owners alone; seafarers working aboard these vessels bear the heaviest burden. In addition to loss of life and injuries, all personal belongings, documents, and savings of seafarers sink under the water aboard sunken or severely damaged ships. Furthermore, additional legal entitlements—such as the War Risk Bonus / Premium payable to seafarers operating in areas classified as "high-risk / war zones" under international maritime conventions and national legislation—may be disregarded by malicious or negligent shipowners/employers.

From the perspective of a specialized lawyer at Shiprights (Seafarers / Maritime Labor Law), this article details the material and moral compensation rights of seafarers aboard ships sunk under war conditions in the Black Sea, the compensation for lost personal belongings, war zone bonus entitlements, and the international and national legal procedures required to recover these claims, in light of Turkish Law and International Maritime Law principles.

I. LEGAL FRAMEWORK AND APPLICABLE LEGISLATION

When evaluating the rights of seafarers under war conditions, a hybrid legal regime (National Labor Law + International Maritime Law Conventions) comes into play rather than a single legal system:

1. Maritime Labor Law No. 854 (MLL): The fundamental protection for seafarers working on Turkish-flagged vessels or under Turkish employers.

2. Turkish Code of Obligations No. 6098 (TCO): Complementary law regarding the employer's duty of care to protect the employee (Art. 417), tort liability, and the principles of material and moral damages.

3. MLC 2006 (Maritime Labour Convention): Prepared by the International Labour Organization (ILO) and ratified by Turkey, this convention outlines global minimum standards regarding seafarers' working conditions, protection of personal effects, occupational accidents, and compensation standards.

4. IBF / ITF Collective Bargaining Agreements (CBA): Special working conditions and additional compensation principles determined by the ITF (International Transport Workers' Federation) and IBF (International Maritime Employers' Council) following the designation of the Black Sea as a "High-Risk Area / Warlike Operations Area."

II. TYPES OF COMPENSATION AND FINANCIAL CLAIMS ENTITLED TO SEAFARERS

The primary entitlements a seafarer can claim if their vessel is sunk or attacked in a war zone are as follows:

1. Compensation for Lost Personal Belongings and Baggage

A seafarer uses the vessel far from home both as a workplace and as a living quarters (residence). In the event of a ship sinking or being abandoned, all personal belongings (electronic devices, clothing, seaman's discharge books/certificates, savings)—excluding the clothes on their back—are lost.

• MLC 2006 Standard: Pursuant to Regulation 4.2 and Standard A4.2 of the Convention, the shipowner is obligated to compensate the seafarer for personal effects lost as a result of a maritime casualty or sinking.

• Under Maritime Labor Law and TCO: Because the employer's duty to safeguard and protect the employee's personal effects brought on board is breached, Material Damages must be paid based on the fair market value of the lost items. Written invoices are not strictly required for lost effects; a reasonable inventory and valuation commensurate with the seafarer's position, seniority, and living standards on board are taken as the basis.

2. War Zone Additional Compensation (War Risk Bonus)

The Black Sea (especially Ukrainian ports and the Northern Black Sea) has been designated as a "War Zone" by the IBF/ITF Joint Negotiating Group. Seafarers operating on vessels entering a war zone possess the following legal rights:

• 100% Additional Basic Wage (Bonus): For every day spent in a war risk area, the seafarer's basic wage must be paid with a 100% bonus (doubled).

• Right to Refuse Sailing / Entering a War Zone: The seafarer has the right to refuse to sail into a war zone due to life safety risks and may demand that the employer repatriate them to a safe port.

• Failure of Companies to Pay This Bonus: An employer's failure to pay the war risk bonus grants the seafarer the right to terminate the employment contract for just cause under Article 14/III of Maritime Labor Law No. 854. Furthermore, these unpaid bonuses constitute due labor claims and can be litigated with statutory interest.

3. Occupational Accidents, Disability, and Loss of Life Damages (Material and Moral)

The sinking of a ship due to missiles, mines, or military conflict is not merely a "Maritime Casualty"; legally, it constitutes an Occupational Accident.

• Material Damages (Loss of Earning Capacity / Loss of Support): A seafarer injured or disabled in a sinking can claim loss of earning capacity compensation. Similarly, surviving dependents (spouse, children, parents) of a deceased seafarer can claim Loss of Support Compensation.

• Moral (Non-Pecuniary) Damages: Experiencing a ship sinking in a war environment, fighting for survival in open waters, and witnessing the death of colleagues causes severe psychological trauma (Post-Traumatic Stress Disorder). This situation gives rise to significant Moral Damages claims for both the injured seafarer and the relatives of deceased seafarers.

III. EMPLOYER / SHIPOWNER LIABILITY AND DISPROVING THE "FORCE MAJEURE" DEFENSE

In war situations, the defense most frequently relied upon by companies/shipowners is "Force Majeure." Companies attempt to evade liability by asserting, "We did not start the war; missiles/mines are external factors, so we bear no responsibility."

As a Shiprights Attorney, This Defense Is Disproved on the Following Legal Grounds:

1. Foreseeability and Endangerment: The war conditions and navigational hazards in the Black Sea were published months in advance via international NAVTEX broadcasts and maritime organizations. A shipowner who knowingly sends a vessel into a high-risk zone, ignores insurance conditions, or fails to comply with evacuation directives is at fault and has breached the duty of care to protect the employee (TCO Art. 417).

2. Strict Liability and Employer's Liability: The employer is liable for damages arising under the "creation of hazard principle" by sending the employee into a dangerous area.

3. Mandatory P&I (Protection & Indemnity) Insurance: Vessels operating internationally are required to maintain P&I insurance and War Risk Cover policies. A shipowner’s failure to secure such insurance or breach of policy conditions constitutes direct gross negligence.

IV. LEGAL PROCEDURES AND STEPS TO BE FOLLOWED

The enforcement and litigation steps to seek recovery for a seafarer or their heirs following a sinking in the Black Sea are as follows:

Step 1: Evidence Collection and Casualty Reports

• Local Official Reports: Coast guard records, port authority logs, and RCC (Rescue Coordination Center) reports are gathered.

• Log Books and Satellite Records: Ship coordinates at the moment of impact, navigation permits in the war zone, and company instruction communications (email/WhatsApp) are submitted to the case file as evidence.

• Inventory of Lost Property: A detailed list and valuation of the seafarer’s lost personal effects are prepared.

Step 2: Determination of Competent and Jurisdictionally Qualified Courts

• For Turkish-Flagged Vessels: The competent courts are the Labor Courts (Maritime Labor Law Art. 46). Jurisdiction lies with the court at the shipowner's domicile or the vessel's port of registry.

• For Foreign-Flagged (Convenience Flag) Vessels: If a Turkish seafarer was recruited through a Turkish employer or manning agency, Turkish Courts can be vested with jurisdiction under the rules of the Code on Private International Law and Procedural Law (MÖHUK). Additionally, international arbitration or flag-state courts can be petitioned based on jurisdiction clauses and MLC standards.

Step 3: Maritime Liens and Provisional Arrest of the Vessel (Maritime Claims)

• Turkish Commercial Code (TCC) Art. 1320: Seafarers' claims arising from employment contracts regarding wages, severance/compensation, and lost personal belongings qualify as "Maritime Claims" (Gemi Alacağı).

• These claims grant a statutory maritime lien over the vessel. By placing a Provisional Arrest (İhtiyati Haciz) on the shipowner's other vessels or insurance indemnity payouts, the seafarer's recovery is legally secured.

Step 4: Claims Against P&I Clubs and Insurance Companies

Even if the vessel sinks, the shipowner's P&I (Protection & Indemnity) Club serves as a direct respondent (Direct Action) under MLC 2006 for seafarers' bodily injuries, death compensation, and lost personal effects. Even if the shipping company becomes insolvent or untraceable, compensation can be directly recovered from the P&I insurer.

CONCLUSION

Seafarers working on ships sunk or attacked due to the Russia-Ukraine war in the Black Sea are not merely innocent victims of war; under international law, they hold "specially protected worker" status. Shipowners hiding behind "war conditions" to avoid compensating for lost personal effects or withholding War Risk Bonuses act in clear violation of the law.

As a Shiprights Attorney, the required course of action from the moment of casualty is to compile casualty reports, establish the employer's breach of duty of care, trigger P&I insurance mechanisms, and, where necessary, utilize maritime lien rights and provisional arrests to fully recover all material and moral rights owed to the seafarer. What the seafarer leaves behind in the cold waters of the Black Sea is not just personal effects, but their labor and life—and its legal equivalent must be recovered down to the very last cent.

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