ECHR finds Russia responsible for human rights violations in Ukraine, downing of flight MH17
On Wednesday, the European Court of Human Rights (ECtHR) found Russia guilty in the case of “Ukraine and Netherlands v. Russia,” addressing numerous human rights violations during the war and the downing of flight MH17 in July 2014, according to the court’s decision.
The case consolidates four complaints. The first two concern human rights violations in occupied Donetsk and Luhansk oblasts, including the abduction and illegal transfer of Ukrainian children to Russia.
The third complaint, filed by the Netherlands, pertains to the downing of Malaysia Airlines flight MH17. The fourth, submitted by Ukraine, addresses human rights violations during Russia’s full-scale invasion starting in 2022.
The ECHR issued two rulings against Russia, stating that it violated international law during the war in Ukraine. This marks the first instance of an international court holding Moscow accountable for human rights abuses since the full-scale invasion began, according to Associated Press.
Among Russia’s crimes are the killing of civilians and Ukrainian soldiers, torture and inhumane treatment, arbitrary detentions, forced transfers of adults and children—including through filtration measures—and suppression of the Ukrainian language.
Additionally, the court confirmed Russia’s responsibility for downing flight MH17, the first time an international court has held the country accountable for the 2014 disaster that killed 298 people.
The ECHR ordered Russia to:
- Release or return all individuals illegally detained in occupied territories by September 16, 2022;
- Cooperate in establishing an international independent mechanism to identify all abducted children and ensure their safe reunification with families or legal guardians.
Ukraine’s Ministry of Justice called the ruling historic, noting that the ECHR upheld nearly all of the government’s complaints. According to the ministry, the decision is “unprecedented and can already be considered one of the most significant in interstate case practice.”
“The ECHR recognized that Russia is waging a deliberate campaign to destroy the Ukrainian state as a subject of international law. The court emphasized that Russia’s aggression is not limited to Ukraine—it poses a global threat, challenging the very idea of states coexisting within a legal framework. In particular, Russia demonstrates hostility toward other Council of Europe member states,” the ministry added.
The MH17 case
On July 17, 2014, a Malaysia Airlines Boeing-777, operating flight MH17 from Amsterdam to Kuala Lumpur, was shot down over Russian-occupied Donetsk Oblast, killing all 298 passengers and crew.
Less than a month later, the Joint Investigation Team (JIT), comprising representatives from the Netherlands, Malaysia, Australia, Belgium, and Ukraine, was formed to investigate the disaster. Russia denies involvement.
On November 17, 2022, the District Court of The Hague convicted Russian citizens Igor Girkin-Strelkov and Sergey Dubinsky, and Ukrainian citizen Leonid Kharchenko, sentencing them to life imprisonment and ordering over €16 million in compensation to victims’ families.
During the MH17 verdict, the Hague court also established that Russia had controlled the self-proclaimed “DPR” since at least May 2014.