Human rights court rules Russia responsible for MH17 downing

Sarhan Basem
Credit: AP Photo

Strasbourg (Brussels Morning Newspaper) – The European Court of Human Rights in Strasbourg ruled that Russia breached international law regarding Ukraine and was accountable for shooting down Malaysia Airlines Flight MH17.

On Wednesday, judges at the European Court of Human Rights in Strasbourg issued two rulings condemning Russia, declaring that Moscow violated international law in Ukraine. This marks the first time an international court has held the Kremlin accountable for human rights violations since its full-scale invasion of Ukraine in 2022.

The court also determined that Russia was responsible for the downing of Malaysia Airlines Flight MH17, marking the first time an international court has held Moscow accountable for the 2014 tragedy that resulted in 298 deaths.

The decisions in Strasbourg are separate from a Dutch criminal case where two Russians and a Ukrainian rebel were convicted in absentia of multiple murders related to the downing of Flight MH17. The judges are set to rule on a total of four cases, brought by Ukraine and the Netherlands against Russia, but the decisions are expected to be largely symbolic.

What impact does Russia’s expulsion have on the case?

The complaints were brought before the court’s governing body expelled Moscow in 2022, following Russia’s all-out war in Ukraine.

The ECHR is a key component of the Council of Europe, the leading human rights body on the continent. Russia was expelled from the council due to its invasion of and war in Ukraine. Nevertheless, the court can continue to hear cases against Russia that occurred before its expulsion.

What evidence tied Russia to eastern Ukraine rebels?

On 17 July 2014, the Boeing 777 flying from Amsterdam to Kuala Lumpur was shot down by a Russian-made Buk missile launched from territory in eastern Ukraine held by Moscow-backed separatists. All 298 on board, including 196 Dutch citizens, died. In May, the UN’s aviation agency concluded that Russia was responsible for the disaster.

In 2023, the judges supported Ukraine and the Netherlands in a jurisdiction dispute, concluding that there was enough evidence to demonstrate that areas in eastern Ukraine controlled by separatist rebels were “under the jurisdiction of the Russian Federation,” including the provision of weapons and offering political and economic assistance.

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Brussels Morning is a daily online newspaper based in Belgium. BM publishes unique and independent coverage on international and European affairs. With a Europe-wide perspective, BM covers policies and politics of the EU, significant Member State developments, and looks at the international agenda with a European perspective.
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Sarhan Basem is Brussels Morning's Senior Correspondent to the European Parliament. With a Bachelor's degree in English Literature, Sarhan brings a unique blend of linguistic finesse and analytical prowess to his reporting. Specializing in foreign affairs, human rights, civil liberties, and security issues, he delves deep into the intricacies of global politics to provide insightful commentary and in-depth coverage. Beyond the world of journalism, Sarhan is an avid traveler, exploring new cultures and cuisines, and enjoys unwinding with a good book or indulging in outdoor adventures whenever possible.
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