Strasbourg, France, July 10: The European Court of Human Rights (ECHR) ruled on Wednesday that Russia violated international law in its conduct during the war in Ukraine and was responsible for the downing of Malaysia Airlines Flight MH17 in 2014, marking the first time an international court has directly held Moscow accountable for the tragedy.
The rulings came in two of four cases brought by Ukraine and the Netherlands against Russia, accusing Moscow of widespread human rights violations since its 2014 annexation of Crimea and the full-scale invasion of Ukraine in 2022.
The Strasbourg-based court found that Russia had exercised effective control over separatist-held areas in eastern Ukraine and provided weapons, funding, and political support to the armed groups responsible for the downing of MH17. The Boeing 777 was shot down by a Russian-made Buk missile on July 17, 2014, killing all 298 people on board, including 196 Dutch citizens.
“This is a real step in understanding who was really responsible,” said Thomas Schansman, whose 18-year-old son Quinn was among the victims. “MH17 is not a case that will disappear for Russia.”
The court’s findings build on previous rulings, including a May decision by the United Nations’ aviation agency, which also held Russia responsible for the attack on the civilian airliner.
While symbolic in nature due to Russia’s expulsion from the Council of Europe in 2022, the ECHR’s decision is seen as a milestone in the international legal response to Russia’s actions in Ukraine. The court can still adjudicate cases involving incidents that occurred before Moscow’s expulsion.
In 2023, the ECHR affirmed its jurisdiction over the affected Ukrainian territories, citing Russia’s effective control through military and economic support. The court’s latest rulings also referenced evidence of Russian involvement in the abduction of Ukrainian children and other alleged violations of international law.
The ECHR is currently reviewing nearly 10,000 additional cases brought by individuals against Russia, and Ukraine has other state-level cases pending before the court.
The rulings are separate from a Dutch criminal trial in which two Russians and a Ukrainian rebel were convicted in absentia for their roles in the MH17 attack.
Russia has denied involvement in the downing of MH17 and dismissed the court’s rulings as politically motivated. Moscow has also ignored a 2022 order from the International Court of Justice to halt its military operations in Ukraine. Last month, Ukrainian President Volodymyr Zelenskyy approved plans for a new international tribunal aimed at prosecuting senior Russian officials for launching the full-scale invasion in 2022.
