More than ten years later, the European Court of Human Rights (ECHR) now also ruled that Russia is responsible for downing flight MH17. It is the first time that an international judge speaks out about the disaster. At the crash of the Boeing 777 of Malaysia Airlines in Eastern Ukraine, all 298 passengers died, including 196 Dutch people.
What does this European case add to earlier investigations into the disaster? And what did the court in Strasbourg say about Russian human rights violations in the war with Ukraine? Five questions and answers.
1. What is the opinion of the European Court?
The case, which was brought by the Netherlands, was primarily about the responsibility of the Russian Federation in the downing of MH17 in 2014. In addition, the Court had to consider whether Russia did enough research or whether there was opposition. The seventeen judges of the Court of Appeal gave the Netherlands on all these points directly. By limiting access to the disaster site, distributing disinformation, and the opposition of research, Russia has caused extra suffering the relatives. In addition, Russia was brought down by MH17, among other things, the right of life laid down in the European Convention on Human Rights (ECHR).
2. There was already a criminal case in the Netherlands, why does this judgment matter?
The case mainly has great symbolic value. The fact that Russia is now – for the first time – is determined by an international judge as the controller will be seen as a form of recognition for some relatives, a number of were present in Strasbourg.
What may play a role in this is that Russia has actually tried to defend In this case. Until 2022, Russia was affiliated with the Council of Europe, to which the European Court is affiliated. Just like in any other study about MH17, the country denied all involvement in crashing and spoke of a “politically motivated” process. However, when the Russian invasion started, the country was put out of this organ.
3. What did we already know about Russian responsibility at MH17?
The ruling will come as a surprise for a few. In the meantime, various authorities and organizations have bent over the disaster. In 2015, the Dutch Safety Board (OVV) already noted that the aircraft was indeed crashed from the ground by a scratchet, and that all passengers were killed as a result. The OVV made no statement about guilt and fine.
That changed at the beginning of 2022. After almost eight years of research by the Dutch Public Prosecution Service Joint Investigation Team (JIT) A Dutch court imposed three suspects (in absentia) lifelong for their involvement in the disaster. The court found it proven that the convicted people, two Russians and a Ukrainian, had a rocket installation from Russia and thus removed MH17 from the sky. Russia has never extradited the suspect. Although JIT also investigated managers in Russia, the investigation was put on the shelf in 2023.
The role of Russia as state fell out of the opinion of the Dutch court. The international civil aviation organization ICAO did consider this question. May this year, this UN organ ruled that Russia has violated international aviation agreements with the use of a weapon against a civilian plane.
4. What now?
In addition to the recognition and justice for the relatives, to which the Dutch government is particularly interested in this case, there is a small chance that the ruling will also have financial consequences. Now that there is an ECtHR order, this can lead to compensation. However, the chance that Russia will pay this will be minimal in view of the track record of the country.
5. Was this the only thing the Court spoke about?
No. In addition to the ruling on MH17, the Court also ruled on Wednesday about three complaints of Ukraine about Russian human rights violations. In that respect, the Court of Appeal comes with an unprecedented hard judgment. Since 2014, according to the court, Russia has been responsible for ‘widespread and flagrant human rights violations’. For example, there is convincing evidence of torture, rape such as war weapon, forced labor, random detention and military attacks without distinction between civilians and soldiers. It is the first time that an international judge speaks out about human rights violations during the invasion of Ukraine.
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