European Court of Human Rights holds Russia accountable for MH17 downing

The European Court of Human Rights has ruled that Russia is responsible for the downing of flight MH17 and has thus violated human rights. Among other things, the country violated the right to life, enshrined in the European Convention on Human Rights, according to the Court.

This is the first time an international court has ruled on Russia’s role in the downing of the passenger plane in 2014, killing 298 people, including 196 Dutch nationals. The Court considers the suffering of the bereaved families after the crash and the loss of their loved ones to also constitute human rights violations.

The Netherlands appealed to the international court to establish Russia’s responsibility for shooting down the plane. The fact that it is not known exactly who fired the missile does not prevent the Court from holding the Russians accountable. It is established that a Russian soldier or a pro-Russian separatist fired the missile. According to the Court, Russia failed ot take action to prevent human suffering as a result of the missile launch.

Furthermore, the Court criticized the Russians’ failure to cooperate with the investigation into the circumstances of the downing. The Netherlands requested information multiple times, but did not receive it. Russia still denies involvement in the downing of the passenger plane.

The Court merged the MH17 case with several complaints from Ukraine concerning human rights violations during the annexation of Crimea, in the east of the country, and during the invasion three years ago.

Russia was a party to the human rights convention until September 2022, but then withdrew. The country can still be held responsible for actions that occurred before then. However, the Human Rights Court, which monitors the convention on behalf of the Council of Europe, cannot compel the convicted state to comply with its ruling. It must rely on its moral authority.

The Council of the International Civil Aviation Organization, which falls under the United Nations, previously ruled that Russia is guilty of the MH17 crash. The Kremlin rejected that ruling.

The European Court of Human Rights and the Council of Europe are separate from the European Union. The Council, of which almost all European countries are members, has protected human rights since World War II.

Loved ones response

For the surviving relatives of the victims of flight MH17, it is “a tremendous comfort” that the Court has held Russia responsible for shooting down the plane. “It is recognition of what we, as relatives, have known for a long time. Yet it is important to receive that recognition. A country can’t just get away with this,” said Piet Ploeg, chairman of the Vliegramp MH17 foundation.

The fact that the Court’s 17 judges were unanimous also means a great deal to Ploeg. He called it a “tremendous ruling” and hopes it will have a global impact on how countries deal with Russia.

“Let’s also hope the world learns from this,” Ploet said. He does not expect the Russian government to acknowledge its guilt. “As long as the rest of the world knows. This should also have an impact on global opinion of Russia’s actions.”

Dutch gov’t response

The fact that the European Court of Human Rights has also held Russia responsible for the downing of flight MH17 “is an important step towards justice,” said caretaker Prime MInister Dick Schoof on X. “My thoughts today are with all the bereaved families who have been missing their families, loved ones, and friends for over ten years.”

Caretaker Minister Caspar Veldkamp of Foreign Affairs agreed that the ruling was a step towards justice. “But the book is not closed yet,” he said. “Justice works very slowly.” The Netherlands will continue to “do everything” to obtain justice for the crash.

Veldkamp acknowledged that the Netherlands cannot alleviate the suffering of the bereaved through its continued efforts. “But it is important that it has been unanimously and independently determined that Russia is responsible.”

The Court's ruling means that further steps are possible, such as claiming compensation, according to the Ministry of Foreign Affairs.