THE HAGUE, Netherlands (AP) — Europe’s top human rights court delivered damning judgments on Wednesday against Russia, finding Moscow responsible for widespread violations of international law in Ukraine and the shooting down of Malaysia Airlines Flight 17 in 2014.
Judges at the European Court of Human Rights issued judgements in four cases brought by Kyiv and the Netherlands accusing Moscow of atrocities in Ukraine dating back more than a decade.
They include the murder, torture, rape, and destruction of civilian infrastructure and kidnapping of Ukrainian children.
Key decisions
It’s the first time an international court has concluded there have been widespread human rights abuses by Russian forces in Ukraine.
The 501-page ruling combined four complaints — three stemming from the separatist conflict that broke out in eastern Ukraine in 2014, and one linked to alleged violations of international law following the invasion.
In all four cases, the court’s 17 judges unanimously found Russian forces breached international humanitarian law.
Downing of flight MH17
One of the complaints was brought by the Netherlands in connection with the downing of MH17 over separatist-controlled eastern Ukraine. It is the first time an international court has held Russia responsible for the tragedy in which 298 people died.
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 loyal to Moscow. Among the victims were 196 Dutch citizens.
The judges found that Russia’s refusal to acknowledge its involvement in the disaster also violated international law. Russia’s failure to properly investigate it “significantly aggravated the suffering” of the relatives and friends of the dead.
In 2022, a criminal court in the Netherlands convicted two Russians and a Ukrainian rebel in absentia of multiple murders for their roles in the downing of MH17 in a separate case.
Rulings won’t be the last
The ECHR is an important part of the Council of Europe, which is the continent’s foremost human rights institution.
Founded in 1949 and headquartered in Strasbourg, France, the Council of Europe is an international organization dedicated to promoting human rights, democracy, and the rule of law. It has 46 member states. The organization expelled Moscow in 2022 in response to the invasion of Ukraine.
However, the court can still deal with cases against Russia dating from before its expulsion and, legally, the country is still obliged to participate in the proceedings.
The rulings won’t be the last from the ECHR dealing with the war.
Kyiv has other cases pending against Russia and there are nearly 10,000 cases brought by individuals against the Kremlin.
Compensation claims
The court will rule on financial compensation at a later date, but Russia’s expulsion leaves little hope that damages will ever be collected.
Typically, judges at the ECHR award damages to victims for financial loss or hardship suffered when their rights were violated.
The court ordered Russia to pay millions of dollars in compensation to Georgia for a swath of violations after the 2008 Russia-Georgia war. That money has never been handed over.
In 2023, more than 40 nations and the Council of Europe agreed to set up a system to tally the destruction Russia has inflicted on Ukraine in the hope of getting reparations.
The Hague-based Register of Damage for Ukraine, also known as RD4U, began accepting claims last year.
Future prosecutions
Ukraine’s President Volodymyr Zelenskyy last month formally approved plans to set up a new international court to prosecute senior Russian officials for the invasion of Ukraine.
The special tribunal will be created through an agreement between Ukraine and the Council of Europe. It aims to target senior Russian leaders for the “crime of aggression,” which underpins the countless war crimes Ukraine accuses Russian forces of committing since the start of the war.
Existing international courts, including the International Criminal Court (ICC) in The Hague, lack the jurisdiction to prosecute Russian nationals for that specific offense.
The ICC has multiple outstanding arrest warrants for Russian officials for war crimes. They include President Vladimir Putin, who is accused of personal responsibility for the abductions of children from Ukraine.
