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The European Court of Human Rights in Strasbourg (Flammekueche/Wikimedia Commons) - Credit: The European Court of Human Rights in Strasbourg (Photo: Flammekueche/Wikipedia)
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Saturday, 21 January 2023 - 13:05

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European human rights court to decide if it will admit MH17 case alleging Russian blame

The European Court of Human Rights (ECHR) will decide next Wednesday whether a case on Russia's role in the downing of Flight MH17 meets the requirements for admissibility, and can be assigned to one of the court's sections for proceedings on the case. It could be the first time an international court rules on responsibility for the plane crash.

The ECHR has other cases involving Russia it will consider hearing in addition to the Dutch complaint about MH17. The court will will rule on the admissibility of complaints lodged by Ukraine against Russian actions in the east of the country, and about the abduction of Ukrainian children from occupied territories.

However, Russia is trying to prevent the Strasbourg court from considering the cases. If the ECHR decides to handle the cases, it could be years before it issues a ruling. If the court eventually convicts Russia, it would be of great political significance and Moscow could be obliged to handle damages.

A year ago, the Netherlands and Ukraine had a chance to convince the judges of the Human Rights Court that Russia was guilty. The question of whether the country exercised authority in the area appeared to become crucial to the case, the Dutch delegation said after the hearing. The Netherlands and Ukraine argued that Russia was in control of those parts of Ukraine at the time and therefore can be held responsible.

Russia, however, denied the accusations and blamed the rebels in the region, and pointed the finger at Ukraine.

The downing of flight MH18 in 2014 killed all 298 occupants of the passenger plane en route from Schiphol Airport to Kuala Lumpur. The case before the Human Rights Court is the third way the Netherlands has sought justice for the victims. The court in The Hague has since convicted two Russians and a Ukrainian for their roles in the downing of MH17.

In addition, the Netherlands is also trying to hold Russia accountable for the disaster, which could eventually lead to the International Court of Justice.

Reporting by ANP

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