ECHR recognized that Russia shot down the Malaysian Boeing and violated the rights of Ukrainians for years. What exactly and how — a brief explanation of the courtʼs long decision

What is this?

It consists of three statements by Ukraine — on the removal of children to Russian-controlled territories, torture in the occupied territories, and human rights violations by Russia after a full-scale invasion, and one statement by the Netherlands — on the downing of flight MH17. These statements were supported by 26 states and one non-governmental organization — they joined the case as a third party, entitled to provide the court with any useful information.

What was Russia accused of?

In that it has repeatedly violated the Convention on Human Rights. In particular, the right to life, respect, personal integrity, freedom of thought, conscience and religion, the prohibition of torture and forced labor, and many others.

What did the court decide?

That Russia’s actions in Ukraine are unprecedented in the history of the Council of Europe. The nature and scale of the violence, as well as the ominous statements by the Russian leadership regarding Ukraine’s statehood, independence and very right to exist, threaten peaceful coexistence in Europe and undermine the foundations of democracy. The Court also stressed that Russia is “blatantly” ignoring the foundations of the international legal order established after the Second World War. In no conflict previously considered by ICC has the international community condemned the offending state so unanimously.

Netherlands vs. Russia: what violations did the court recognize in the MH17 case?

The court found that Russia violated the right to life of all 298 people on board the plane. And also caused the suffering of their relatives. The plane was undoubtedly shot down by a Russian missile from a Russian “Buk” installation. The people who did this did not try to understand where exactly they were aiming — at a military or a civilian plane, and thus violated international humanitarian law. The Russian authorities knew or should have known about the danger to civilians flying in that area, and after the disaster they did not conduct a proper investigation and did not cooperate with those who conducted it. Instead, Russia spread disinformation and tried to blame Ukraine for the crime.

What the court decided on Ukraineʼs applications

• Russia violated the right to life by regularly attacking civilians throughout Ukraine.
• Russia systematically carried out extrajudicial executions of civilians and prisoners of war in the occupied territories.
• Russia is responsible for torture and inhuman treatment in the occupied territories. Sexual violence after a full-scale invasion became part of a military strategy to dehumanize, humiliate and undermine the morale of Ukrainians. Rape became a weapon of the Russians, the court classified these crimes as torture.
• Russia is responsible for the systematic practice of forced labor. Detained Ukrainian soldiers and civilians were forced to dig trenches, unload ammunition, and sometimes conduct mine clearance. Workers at the occupied Zaporizhzhia NPP were intimidated and forced to work by the Russians, threatening them with weapons.
• Russia is responsible for the systematic illegal detention of civilians. Until 2014, people in the ORDLO were often arrested “preventively”. Later, filtration camps were added, and since February 2022, mass detentions of local government employees, veterans of the Armed Forces of Ukraine, etc. began. The court demands that Russia immediately release all detainees in the territory of Ukraine from the beginning of the occupation until September 16, 2022.
• Russia is responsible for systematic deportations and displacements of people and the use of filtration measures.
• Russia systematically intimidated and persecuted religious groups, except for the UOC MP, between May 11, 2014 and September 16, 2022. The Russians kidnapped, tortured, and killed religious leaders in eastern Ukraine.
• Russia has systematically and unjustifiably interfered with the freedom of information. It has persecuted journalists and has imposed censorship in the occupied territories since 2014.
• Russia has significantly and systematically restricted the right to peaceful assembly.
• Russia systematically destroyed, looted, and expropriated the property of people and private businesses.
• Russia suppressed the Ukrainian language in education. All schools in the occupied territories were converted to Russian and Russian curricula were introduced, which, among other things, denied the existence of Ukraine as an independent state.
• Russia deported Ukrainian children to its territory and placed them up for adoption. By doing so, the Russians violated three articles of the Convention at once and must now safely return all the children to their families or guardians.

Why the ECHR decision is important

• The next important case is to prove that the Russian authorities committed the crime of aggression, in the recently established Special Tribunal. Ukraine will convince the judges that Russia began the aggression in 2014. ECHR has already recognized that Russia controlled certain territories of Ukraine since 2014 and planned to seize other regions.
• The court can now begin considering individual complaints from Ukrainians regarding events in the occupied parts of Donetsk and Luhansk regions, as well as other territories of Ukraine. ECHR currently has over 7 000 such proceedings.

Will there be compensation in this case?

For now, the court has postponed the issue of compensation, but noted that since Russia does not cooperate with either ECHR or the Council of Europe, Ukrainians will be able to receive compensation through the compensation mechanism. A special commission will consider the applications of all victims, and the money is planned to be taken from a separate fund. One of the options for filling it is frozen Russian assets.