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The Independent UK
The Independent UK
World
Ap Correspondent

Landmark ruling made over Russia’s responsibility for downing flight MH17

The European Court of Human Rights (ECHR) has ruled Russia was behind the 2014 downing of Flight MH17, killing 298 people. This is the first time an international court has named Moscow responsible for the tragedy.

In a separate ruling Wednesday, the ECHR found Russia violated international law in Ukraine. It's the first time an international court has found Moscow responsible for human rights abuses since the 2022 full-scale invasion.

Judges in Strasbourg are ruling on four cases brought by Ukraine and the Netherlands against Russia. These cover alleged human rights violations since the war's start, including the downing of Malaysia Airlines Flight 17 and child kidnappings.

Any decision will be largely symbolic. Complaints were brought before the court's governing body expelled Moscow in 2022, following the full-scale invasion.

Families of the victims of the MH17 disaster see the decision as an important milestone in their 11-year quest for justice.

Netherlands' Grace van Zijtveld-Schardijn reacts after the European Court of Human Rights issued its judgment on Russian violations in Ukraine since 2014 (AP)

"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 UN'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.

Netherland's Anton Kotte, center, who lost his son and other family members in the the downing of Malaysia Airlines flight MH17 (AP)

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 rulings will not 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.

Plaintiffs sit in the European Court of Human Rights before it issues a landmark set of rulings about alleged Russian violations in Ukraine since 2014 (AP)

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.

Mr 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 the AP. "MH17 is not a case that will disappear for Russia."

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