Ukraine won the case against Russia at the ECHR: what it's about

The European Court of Human Rights stated on Wednesday that Russia violated international law in Ukraine. This is the first time an international court has held Moscow accountable for human rights violations since the full-scale invasion in 2022, according to UNN, citing the ECHR's decision broadcast online.

Details

Judges of the European Court of Human Rights in Strasbourg ruled on four cases brought by Ukraine and the Netherlands against Russia, covering a wide range of alleged human rights violations since the start of the conflict, including the downing of Malaysia Airlines flight MH17 and the abduction of Ukrainian children.

The decision is largely symbolic. The complaints were filed with the court's governing body, which expelled Moscow in 2022 after the full-scale invasion.

Families of the MH17 disaster victims consider this decision a significant milestone in their 11-year search for justice.

“This is a real step towards understanding who is truly responsible,”

This decision will not be the last ruling by the European Court of Human Rights concerning the war. Kyiv has other cases pending against Russia, and almost 10,000 cases filed by individuals against the Kremlin.

The decisions in Strasbourg are separate from the criminal prosecution in the Netherlands, in which two Russians and a Ukrainian were convicted in absentia of multiple murders for their role in the downing of flight MH17.

ECHR President Mattias Guyomar announced that, in particular, in the case of the downing of flight MH17, violations of Articles 2 and 13 occurred.

The Court unanimously ruled that the suffering of the relatives of the MH17 victims falls within the scope of Article 3 of the Convention (prohibition of inhuman or degrading treatment).

Other applications recognized violations of the European Convention on Human Rights, specifically Articles 2-5, 8-11, 13 and 14 - the right to life, prohibition of torture, freedom of speech, peaceful assembly, freedom of conscience, and a number of others.

Among observers, "Radio Svoboda" editor Rikard Jozwiak has already stated about "a stunning victory for Ukraine and the Netherlands today at the European Court of Human Rights (ECHR) against Russia." "Today it means nothing concrete, but when justice is finally served in the future, Moscow will have to pay for it," Jozwiak wrote on X.

Addition

The case "Ukraine and the Netherlands v. Russia," which concerns human rights violations in Russian-occupied Donbas, the downing of MH17, and the full-scale war, is the largest interstate case, combining four applications at once: No. 8019/16, 43800/14, 28525/20, and 11055/22.

It covers the period from 2014 to the present and concerns crimes in the occupied territories of Donetsk and Luhansk regions. The case also includes complaints about Russia's actions during the full-scale invasion that began on February 24, 2022.

A separate part of the proceedings is the Netherlands' application regarding the downing of the Malaysian Boeing flight MH17 in July 2014, which killed all 298 people on board.

The ECHR established that the downing of flight MH17 occurred in territory under the effective control of Russian occupation administrations, and therefore the events fall under Russia's jurisdiction.

On January 25, 2023, the ECHR declared the case partially admissible and proceeded to consider the merits. Given the scale of the violations, 26 states and a number of international organizations joined the case as third parties. It is expected that the ECHR will make a decision and proceed to consider the issue of just satisfaction in the near future.