ECHR rules Russia guilty of MH17 downing and systemic human rights abuses over sovereign Ukrainian territory

In a historic judgment on July 9, the European Court of Human Rights (ECHR) found Russia responsible in the downing of flight MH17 and a broad range of human rights violations in Ukraine in what is a sweeping condemnation of Moscow’s actions over sovereign Ukrainian skies and land. 

The ruling in the case of “Ukraine and the Netherlands v. Russia,” marks the first time that an international court has officially held Russia accountable for both the shooting down of MH17 and a systemic campaign of atrocities committed in Ukraine. 

The court’s finding confirm what Ukraine and its allies have long asserted: that Russia bears responsibility for egregious acts of violence and aggression that have violated international law and devastated innocent lives. 

The ECHR issued two rulings against Russia. First, it determined that Russia violated international law during the war in Ukraine. The crimes cited include killings of civilians and prisoners of war, torture, inhumane treatment, arbitrary detentions, forced displacement of adults and children, filtration measures, and suppression of the Ukrainian language.

The court also ruled that Russia is responsible for shooting down flight MH17 in 2014. This is the first international court decision directly assigning responsibility to Russia for the deaths of 298 people.

“The ECHR has spoken on perhaps the most extensive and important case in its entire history. […] The significance of this ruling will be seen by history,” wrote Ukrainian ECHR judge Mykola Gnatovsky.

The court ordered Russia to release or return all those unlawfully detained in the occupied territories as of Sept. 16, 2022, and to assist in creating an independent international mechanism to locate all abducted children and ensure their safe return to families or lawful guardians.

The ECHR highlighted the unprecedented nature of the case and its connection to the broader context of armed aggression against Ukraine. It noted that Russia is conducting a campaign to destroy Ukraine as a state and as an international legal entity with the right to exist. 

The court also emphasized the incompatibility of the Russian regime with the fundamental principles of the Council of Europe member states.

Ukraine’s Ministry of Justice called the ECHR decision unprecedented. 

“This is a breakthrough ruling, with the majority of Ukraine’s complaints upheld,” said Marharyta Sokorenko, the ministry’s ECHR representative.

The Ukrainian World Congress welcomes the historic ECHR ruling and stresses the urgent need to increase international pressure on Russia to hold it fully accountable and ensure justice for the Ukrainian people.