Europe’s top human rights court said in its rulings on Wednesday that Russia violated international law in Ukraine—the first time an international court has found Moscow responsible for human rights abuses since the full-scale invasion in 2022—and that Russia was behind the downing of Flight MH17, the first time Moscow was named by an international court as being responsible for the 2014 tragedy that claimed 298 lives.
The judges at European Court of Human Rights in Strasbourg are ruling on four cases brought by Ukraine and the Netherlands against Russia, including the downing of Malaysia Airlines Flight MH17 and a wide range of human rights violations since the start of the war and the kidnapping of Ukrainian children.
The human rights court delivered two rulings on Wednesday, stating in the first that Russia violated international law during the Ukraine War, and that Russia was behind the downing of Flight MH17 in the second.
Rulings separate from criminal prosecution in the Netherlands
The rulings by the court in Strasbourg are separate from a criminal prosecution in the Netherlands in which two Russians and a Ukrainian rebel were convicted in absentia of multiple murders for their roles in the downing of Flight MH17.
The Boeing 777 flying from Amsterdam to Kuala Lumpur was shot down on July 17, 2014, using a Russian-made Buk missile fired from eastern Ukraine territory controlled by separatist rebels. All 298 passengers and crew were killed, including 196 Dutch citizens.
In May, the UN’s aviation agency found Russia responsible for the disaster. The ECHR is an important part of the Council of Europe, which is the continent’s foremost human rights institution. Russia was expelled from the council over Moscow’s invasion and war in Ukraine. However, the court can still deal with cases against Russia dating from before its expulsion.
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In 2023, the judges sided with Ukraine and the Netherlands and held that there was sufficient evidence to show areas in eastern Ukraine controlled by separatist rebels were “under the jurisdiction of the Russian Federation” which was providing weapons and giving political and economic support.
‘It’s an important milestone in our 11-year quest for justice’
Families of the MH17 disaster victims see the decision as an important milestone in their 11-year quest for justice. “It’s a real step in understanding who was really responsible,” said Thomas Schansman, who lost his 18-year-old son, Quinn, in the tragedy.
Kyiv has other cases pending against Russia before the court in Strasbourg, and there are nearly 10,000 cases brought by individuals against the Kremlin.
Last month, Ukrainian President Volodymyr Zelensky formally approved plans to set up a new international court to prosecute senior Russian officials for the full-scale invasion of Ukraine.
In 2022, the United Nations’ top court ordered Russia to stop military operations in Ukraine while a case is heard, a process that takes years. Russia has flouted the order by the International Court of Justice.
