The European Court of Human Rights (ECHR) will make a ruling on Wednesday over potential human rights violations by Russia during its invasion of Ukraine and the downing of Malaysia Airlines Flight MH17.
Judges at the ECHR in Strasbourg, Europe’s top human rights court, will rule on four cases in what is the first instance of an international court adjudicating Russian culpability for the wider conflict in Ukraine dating from 2014. The cases were brought by Ukraine and the Netherlands against Russia.
If the ECHR does rule against Russia it will be largely symbolic, since the cases were brought before the court’s governing body expelled Moscow in 2022, following the full-scale invasion of Ukraine.
For the families of the victims of the MH17 disaster, any decision will be seen as an important milestone in their 11-year quest for justice.
“It's a real step in understanding who was really responsible,” Thomas Schansman, who lost his 18-year-old son Quinn in the tragedy, told The Associated Press.
The Boeing 777 flying from Amsterdam to Kuala Lumpur was shot down on July 17, 2014, using a Russian-made Buk missile fired from territory in eastern Ukraine controlled by separatist rebels. All 298 passengers and crew were killed, including 196 Dutch citizens.
In May, the U.N.’s aviation agency found Russia responsible for the disaster.
The ECHR is an important part of the Council of Europe, which is the continent’s foremost human rights institution. Russia was expelled from the council over Moscow’s invasion and war in Ukraine. However, the court can still deal with cases against Russia dating from before its expulsion.
In 2023, the judges sided with Ukraine and the Netherlands in a challenge over jurisdiction, finding there was sufficient evidence to show areas in eastern Ukraine controlled by separatist rebels were “under the jurisdiction of the Russian Federation,” including providing weapons, and giving political and economic support.
Wednesday’s ruling won’t be the last from the EHCR dealing with the war. Kyiv has other cases pending against Russia and there are nearly 10,000 cases brought by individuals against the Kremlin.
The decisions in Strasbourg are separate from a criminal prosecution in the Netherlands in which two Russians and a Ukrainian rebel were convicted in absentia of multiple murders for their roles in the downing of Flight MH17.
Meanwhile, in 2022, the United Nations' top court ordered Russia to stop military operations in Ukraine while a case is heard, a process that takes years. Russia has flouted the order by the International Court of Justice.
Last month, Ukrainian President Volodymyr Zelensky formally approved plans to set up a new international court to prosecute senior Russian officials for the full-scale invasion of Ukraine.
Schansman, who has also brought an individual case to the ECHR, has no plans to stop pursuing justice, more than a decade after his son's death. “The worst thing we could to is stop fighting,” he told AP. “MH17 is not a case that will disappear for Russia.”
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