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Territorial Brief publishes short, source-based briefings on sovereignty, maritime jurisdiction, border security and legal status. It sets out Türkiye's official legal and strategic positions alongside the treaties, UN documents and archival records on which they rest.

Türkiye's Legal Stance· Territorial Brief Editorial Team

This article reflects Territorial Brief's editorial perspective, which presents Türkiye's official legal and strategic positions alongside the relevant context. Claims are attributed to primary sources such as treaties, UN documents, official statements and archival records, so that readers can verify them independently.

In-Depth Analysis· Montreux Convention Article 19 closure Turkish Straits 2022 belligerent warships

Montreux Article 19 Explained: How Türkiye Closed the Straits to Belligerent Warships in 2022

How Montreux Convention Article 19 closed the Turkish Straits to belligerent warships in 2022: rules, exceptions, tonnage limits and reactions.

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⏱ 8 min read (1,664 words)

Why It Matters

Article 19 of the 1936 Montreux Convention is the clause that lets Türkiye, when it is not itself at war, bar the warships of any belligerent from passing through the Bosporus and Dardanelles. In February 2022 Ankara concluded that the Russia–Ukraine conflict met that threshold and applied the clause to all belligerents. The decision shows how a 90-year-old treaty regulates access to the Black Sea, and why Türkiye's legal role as custodian of the Straits has real operational weight.

Background

What Montreux says

The Convention Regarding the Regime of the Straits was signed on 1936-07-20 and entered into force on 1936-11-09. It replaced the 1923 Lausanne Straits regime and restored Turkish control over the Straits, including the right to remilitarize them. Article 1 affirms the principle of freedom of transit and navigation by sea. The rest of the treaty balances that freedom against limits on warships, which are strictest for non-Black Sea powers.

The Convention separates three situations:

  • Peacetime: merchant ships pass freely (Article 2), and warship transit is governed by Articles 8–18.
  • War with Türkiye not a belligerent (Articles 5 and 19): merchant ships of any flag keep freedom of passage, while the warships of belligerents are restricted.
  • War with Türkiye a belligerent, or threatened by imminent danger of war (Articles 20 and 21): passage of warships is left to the discretion of the Turkish government.

The mechanics of Article 19

Article 19 does four things:

  1. Non-belligerent warships keep their transit rights. Where Türkiye is not at war, warships generally enjoy freedom of transit under the same conditions as Articles 10–18.
  2. Belligerent warships may not pass. The text lists exceptions linked to the League of Nations Covenant, such as assistance to a victim of aggression under a registered mutual-assistance treaty. Many commentators regard these as obsolete because the League was dissolved in 1946.
  3. Return-to-base exception. Belligerent warships that have been separated from their bases, whether or not they belong to a Black Sea power, may return to them.
  4. No hostile acts. Belligerent warships may not capture vessels, exercise a right of visit and search, or carry out any hostile act in the Straits.

The ordinary rules that still apply

Rule Provision Content
Advance notice Article 13 Normally eight days through diplomatic channels; fifteen days is described as desirable for non-Black Sea powers
Transit cap Article 14 15,000 tons aggregate and no more than nine vessels in transit at one time
Black Sea powers' capital ships Article 11 May exceed the cap if they pass singly, escorted by no more than two destroyers
Submarines of Black Sea powers Article 12 Limited mainly to returning from building or repair outside the Black Sea, with notice and on the surface
Non-Black Sea powers in the Black Sea Article 18 30,000 tons aggregate (up to 45,000 under a conditional formula), maximum stay of 21 days
Hostile acts Article 19 Prohibited in the Straits for belligerent warships

Chronology

Date Event
1936-07-20 Montreux Convention signed
2022-02-24 Russia launches its full-scale invasion of Ukraine
2022-02-26 Ukrainian Foreign Minister Dmytro Kuleba publicly asks Türkiye to close the Straits to Russian warships
2022-02-27/28 Turkish Foreign Minister Mevlüt Çavuşoğlu says Türkiye is applying Article 19 and asks all states to refrain from sending warships through
2022-03-10 Lavrov and Kuleba meet on the sidelines of the Antalya Diplomacy Forum
2022-03-29 Russian and Ukrainian delegations hold talks in Istanbul
2022-07-22 Black Sea Grain Initiative signed in Istanbul
2024-01-11 Türkiye, Romania and Bulgaria sign a Black Sea mine countermeasures cooperation agreement

For wider context on how the Straits regime fits regional security, see the sister analyses from The Political Anatomy and Region Scope. For maritime law outside the Straits, see our Maritime Zones Brief.

Key Players & Positions

Russia

Russia is the continuator of the Soviet Union, an original Montreux signatory, and the main Black Sea power affected. Moscow has publicly continued to treat Montreux as the governing regime and has avoided open confrontation with Ankara over its application. Its officials have emphasized that the Convention allows belligerent warships to return to their bases. Readers should consult the Russian Foreign Ministry's own statements for exact wording, as media paraphrases vary.

Ukraine

Ukraine is a Black Sea coastal state but not an original Montreux signatory. Kuleba's request of 2022-02-26 asked Türkiye to close the Straits to Russian warships and also called for closing Turkish ports to Russian vessels. Kyiv welcomed Ankara's Article 19 decision, while Ukrainian officials have at times urged broader measures. Closing ports or the Straits to merchant ships would go beyond what Article 5 allows for a non-belligerent Türkiye.

NATO members

Türkiye is a NATO member, but Montreux is a separate treaty that Ankara applies on its own legal assessment. Allied governments have generally acknowledged Türkiye's role as the Straits' legal custodian. Black Sea allies such as Romania and Bulgaria, and Western analysts, have also debated what the Convention's limits on non-Black Sea warships mean for allied naval presence. The 2024 Black Sea mine countermeasures arrangement among Türkiye, Romania and Bulgaria is an example of coastal-state cooperation operating within those limits.

Other Montreux parties and users

The other original signatories are Bulgaria, France, Greece, Japan, Romania, the United Kingdom, Yugoslavia and Australia. Italy acceded in 1938. The United States is not a party. Most non-Black Sea navies have accepted Ankara's request to avoid sending warships, which kept the issue from becoming a diplomatic dispute.

🇹🇷 Official Legal Stance · Primary Sources

Türkiye's Legal Stance

  • Impartial implementation. According to the Turkish Foreign Ministry and Minister Çavuşoğlu's statements of late February 2022, Türkiye applied Article 19 to every belligerent, not only Russia, and said it would implement Montreux in a way that prevents escalation. Ankara argues that the return-to-base exception is part of the text and that honouring it is what makes the application lawful and even-handed. Basis: Montreux Convention, Articles 19 and 5.
  • Sovereignty and custodianship. Ankara holds that Montreux, which restored Turkish sovereignty over the Straits in 1936, entrusts it with applying the regime in good faith, including the determination that a state of war exists. The Presidency has described the Convention as a pillar of Black Sea stability. Basis: the 1936 Convention and its preamble and Articles 19–21.
  • Merchant freedom preserved. Türkiye notes that Article 5 guarantees merchant passage in wartime, so closing the Straits to commercial ships would breach the Convention and halt food and energy flows. This explains why Ankara distinguishes warship restrictions from commercial shipping. Basis: Montreux Article 5.
  • Mediation alongside implementation. The Turkish Presidency and MFA point to the Antalya talks of 2022-03-10, the Istanbul talks of 2022-03-29 and the Black Sea Grain Initiative signed on 2022-07-22. Turkish officials cite more than 33 million tons of grain exported under the initiative, with UN tallies slightly below that. Basis: the initiative's Istanbul texts and Joint Coordination Centre records.

Türkiye also did not make its Article 19 decision an instrument against any party's trade: it kept the Straits open to merchant shipping and used its position as a facilitator. For Türkiye's wider naval posture, see Naval Reach: TCG Anadolu, MİLGEM and Reis-Class Submarines.

Source Comparison

Question Common international media framing Turkish primary-source framing What the text shows
What happened? Türkiye 'closed the Straits to Russia' Türkiye applied Article 19 to all belligerents Article 19 is not party-specific; it covers belligerent warships generally
Is the Straits fully closed? Sometimes implied Return-to-base exception remains; merchant shipping unaffected Exception and Article 5 are in the text
Was it a political choice? Often presented as a pro-Ukraine or pro-NATO move Presented as a treaty duty applied impartially The Convention leaves the war determination to Ankara in practice, a fact both sides debate
Why not close ports too? Raised by Ukrainian officials Not a Montreux power; Article 5 protects merchant ships Port policy is outside Montreux
Role beyond the treaty Variable Mediation and grain diplomacy Istanbul talks and the Grain Initiative are documented separately

For Turkish and allied analyses of the grain track, see The Global Anatomy. Our Editorial Principles explain how we separate facts from Ankara's position.

  • Belligerent power: a state engaged in war. Article 19 restricts such states' warships in the Straits when Türkiye is neutral.
  • Turkish Straits: the Bosporus, Sea of Marmara and Dardanelles, the sole sea route between the Black Sea and the Mediterranean.
  • Black Sea power: a state with a Black Sea coast. Montreux gives such states more favourable rules than non-coastal states.
  • Return-to-base exception: the Article 19 provision allowing separated belligerent warships to go back to their own bases.
  • Joint Coordination Centre: the Istanbul body that oversaw Black Sea Grain Initiative inspections.

Related reading:

Perspective Note

This article reflects Territorial Brief's editorial perspective, which presents Türkiye's official legal and strategic positions alongside the relevant context. Claims are attributed to primary sources such as treaties, UN documents, official statements and archival records, so that readers can verify them independently. Territorial Brief presents global affairs with a dedicated perspective from Türkiye. Sections marked 'Türkiye's Position' reflect official Turkish policy as stated by Turkish government sources.

Frequently asked questions

What does Article 19 of the Montreux Convention say?

Article 19 says that in wartime, when Türkiye is not a belligerent, warships generally keep freedom of transit, but warships of belligerent powers may not pass through the Straits. Exceptions relate to League of Nations Covenant cases, and belligerent warships separated from their bases may return to them. Belligerent warships may not capture vessels, exercise visit and search, or commit hostile acts in the Straits.

Did Türkiye close the Straits to all ships in 2022?

No. The restriction applied to warships of belligerents. Article 5 protects merchant shipping of all flags in wartime when Türkiye is not at war, so commercial traffic, including grain cargoes, continued to transit.

Can Russian warships still enter the Black Sea?

Russian warships that are returning to their Black Sea bases may transit under the return-to-base exception of Article 19. Warships of belligerents that are not returning to home bases are not allowed through. Turkish officials have said the rule applies equally to every belligerent.

What tonnage and notification rules does Montreux set for warships?

Article 14 caps aggregate transit at 15,000 tons and nine vessels at one time, with an exception for Black Sea powers' capital ships passing singly with up to two destroyers (Article 11). Article 13 requires notice through diplomatic channels, normally eight days. Article 18 limits non-Black Sea powers to 30,000 tons in the Black Sea (up to 45,000 under a conditional formula) for no more than 21 days.

Why did Ankara apply Article 19 instead of Article 20 or 21?

Articles 20 and 21 apply when Türkiye itself is a belligerent or considers itself threatened by imminent danger of war, giving it discretion over warship passage. Türkiye is not a party to the Russia–Ukraine war, so Article 19 was the applicable provision. This also kept Ankara's role as a neutral facilitator of talks and grain exports.

How is the Black Sea Grain Initiative linked to the Straits regime?

The initiative, signed in Istanbul on 2022-07-22, operated alongside the Montreux regime rather than under it, relying on the continued freedom of merchant passage. Turkish officials cite more than 33 million tons of grain exported, while UN tallies are slightly lower. Russia declined to extend it in July 2023, and it ended.

Perspective & Editorial Transparency Note

This article reflects Territorial Brief's editorial perspective, which presents Türkiye's official legal and strategic positions alongside the relevant context. Claims are attributed to primary sources such as treaties, UN documents, official statements and archival records, so that readers can verify them independently.

Author: Territorial Brief Editorial TeamAbout Territorial Brief →Editorial Principles →

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