Human Rights Court: Russia violated human rights by downing MH17
STRASBOURG – This is the first time an international judge has ruled on Russia’s role in the downing of the passenger plane in 2014, which resulted in the deaths of 298 people, including 196 Dutch nationals. The suffering of the survivors after the crash and the loss of their loved ones is, according to the Court, also considered a violation of human rights.
The Netherlands approached the international court to hold Russia accountable for the shooting down of the plane. The fact that it is not precisely known who fired the missile does not prevent the Court from holding the Russians responsible. It is established that a Russian military personnel or a pro-Russian separatist fired the missile. According to the Court, Russia has failed to take action to prevent human suffering as a result of the missile launch.
Moreover, the Court criticizes that the Russians have not cooperated with the investigation into the circumstances. The Netherlands has requested information multiple times but has not received it. Russia still denies being involved in the downing of the passenger plane.
The Court has combined the MH17 case with several complaints from Ukraine regarding human rights violations during the annexation of Crimea, in the eastern part of the country, and during the invasion three years ago.
Russia was a party to the human rights treaty until September 2022 but withdrew. The country can still be held accountable for actions taken before that time. However, the human rights court, which oversees the treaty on behalf of the Council of Europe, cannot force a convicted state to comply with its rulings. It must rely on its moral authority.
Earlier, the Council of the International Civil Aviation Organization, which falls under the United Nations, also ruled that Russia is guilty of the MH17 crash. This ruling was rejected by the Kremlin. The three men who were sentenced to life imprisonment by the court in The Hague for their involvement have also not been extradited by Russia.
The ECHR and the Council of Europe are separate from the EU. The Council, of which nearly all European countries are members, has been protecting human rights since World War II.
(July 9, 2025)
