The European Court of Human Rights is the highest legal authority on human rights issues in Europe. In its ruling, the Court confirmed that Russia had control over the area where the Buk missile was fired, making it co-responsible for the deadly incident. The Court concluded that Russia failed to uphold the right to life.
The MH17 disaster occurred on July 17, 2014. A Malaysia Airlines plane was shot down over eastern Ukraine. All 298 people on board died, including 196 Dutch citizens. The flight was en route from Amsterdam to Kuala Lumpur. The tragedy sparked worldwide outrage and intense diplomatic tensions.
The condemnation by the Human Rights Court is not the first international ruling on MH17. Previously, the International Civil Aviation Organization (ICAO) also commented on the disaster. The ICAO identified Russia as the responsible party for the use of the weapons system that caused the disaster. The organization stated that Russia failed to protect civil aviation.
Moreover, Dutch courts have already ruled on the matter. In 2022, a court found three men guilty of murder of the 298 MH17 passengers. Two Russians and one Ukrainian were convicted in absentia and sentenced to life imprisonment for their involvement in the transport and firing of the BUK missile.
The Human Rights Court pointed out that Russia systematically refused to cooperate with the international investigation. It was also established that Russia spread disinformation about the cause of the disaster. The Court considers this conduct to be in violation of the human rights obligations Russia has undertaken.
The Court’s ruling means that Russia bears legal responsibility for the deaths of the passengers. The relatives thus receive recognition from an important international body. Whether this ruling will also lead to financial compensation or other practical consequences remains unclear. Russia no longer acknowledges the Court’s authority.
Although Russia was expelled from the Council of Europe in 2022, the Court retains authority to rule on complaints related to events before that date. The MH17 disaster falls within that period. The ruling may also have implications for other legal cases holding Russia accountable for acts committed in Ukraine.