The Hague, Netherlands
On Wednesday, the European Human Rights Court (ECHR) delivered two significant rulings, with the first declaring that Russia breached international law amid the ongoing conflict in Ukraine.
Additionally, the court attributed the downfall of Flight MH17 to Russia, identifying it as responsible for the tragedy that claimed 298 lives back in 2014.
A judge at the ECHR in Strasbourg evaluated four cases brought forth by Ukraine and the Netherlands against Russia, addressing claims of extensive human rights violations tied to the full-scale invasions that began with the conflict, including the events surrounding the Malaysia Airlines flight and issues involving Ukrainian children.
This ruling carries mainly symbolic weight, as the complaints were lodged prior to Moscow’s expulsion from the court in 2022 following its invasion.
Families of the MH17 victims view this decision as a pivotal moment in their lengthy pursuit of justice spanning 11 years.
“It’s a notable advancement in holding those accountable,” stated Thomas Chanceman, whose 18-year-old son Quinn perished in the incident.
The Boeing 777, which was en route from Amsterdam to Kuala Lumpur, was downed on July 17, 2014, by Russian-sourced Buk missiles launched from areas in eastern Ukraine controlled by separatists. Every passenger and crew member, including 196 Dutch citizens, lost their lives.
In May, a UN aviation agency found that Russia was culpable for the incident.
The ECHR plays a critical role within the Council of Europe, recognized as the most significant human rights body on the continent. Following the war in Ukraine, Russia was expelled from the council, but the court can still address lawsuits against Russia that were filed before this expulsion.
In 2023, the judge reviewed assertions from Ukraine and the Netherlands, concluding that there was ample evidence to support claims of political and economic backing—including armament provision—falling under Russian jurisdiction.
This ruling is not the final word from the ECHR concerning the war. Ukraine has several other lawsuits pending against Russia, with around 10,000 cases lodged against the Kremlin by individuals.
It’s important to note that this decision in Strasbourg is distinct from the Dutch criminal case, where two Russian and Ukrainian rebels were convicted of murder tied to the MH17 incident.
In 2022, the top UN court instructed Russia to cease military actions in Ukraine, though the process took years, and Russia has disregarded the International Court of Justice’s orders.
Recently, Ukrainian President Volodymyr Zelenskyy authorized plans to create a new international court aimed at charging senior Russian officials for their roles in the large-scale invasion of Ukraine.
Moreover, Chanceman, who has brought individual cases to the ECHR, remains committed to seeking justice more than a decade after the loss of his son. “The worst thing we can do is to give up,” he remarked. “MH17 is not something Russia can just ignore.”
