The European Court of Human Rights (ECHR) has issued a landmark ruling holding the Russian Federation responsible for widespread and systemic violations of the European Convention on Human Rights, including the downing of Malaysia Airlines Flight MH17 in 2014.
This marks the first time an international court has formally attributed state responsibility to Russia for rights abuses linked to its actions in Ukraine.
The judgment, delivered in Strasbourg on Wednesday, concerns four consolidated inter-state complaints submitted by Ukraine and the Netherlands. These relate to events spanning from the outset of the conflict in eastern Ukraine in 2014 through to Russia’s full-scale invasion launched on 24 February 2022.
The Court found that Russia was responsible for numerous violations, including unlawful killings, torture, rape, destruction of civilian infrastructure, forced deportation of Ukrainian children, and the downing of civilian aircraft MH17. In the words of Court President Mattias Guyomar, these acts “killed and wounded thousands of civilians and created fear and terror,” exceeding any conceivable military objective.
The four cases reviewed were:
Ukraine v. Russia (No. 8019/16), concerning abuses during the initial conflict in Donbas;
Ukraine v. Russia (No. 43800/14), on the abduction and transfer of Ukrainian children to Russia in 2014;
Netherlands v. Russia (No. 28525/20), focused on the MH17 incident;
Ukraine v. Russia (No. 11055/22), covering human rights violations following the 2022 invasion.
The Court ruled that it retained jurisdiction over actions committed up to 16 September 2022, the date Russia ceased to be a member of the Council of Europe. Despite Moscow’s expulsion, the ECHR remains competent to hear cases concerning events prior to that date.
Among the findings, the judges determined that Flight MH17, en route from Amsterdam to Kuala Lumpur, was destroyed on 17 July 2014 by a Russian-made Buk surface-to-air missile fired from territory controlled by Moscow-backed separatists in eastern Ukraine. All 298 passengers and crew were killed, including 196 Dutch citizens. The Court held Russia accountable for enabling the conditions that led to the missile launch, constituting a violation of Articles 2 and 3 of the Convention (right to life and prohibition of inhuman treatment).
Relatives of the victims welcomed the ruling. Thomas Schansman, whose son Quinn was among those killed, described the judgment as “a real step in understanding who was really responsible,” while noting that he has also filed an individual case against Russia. “MH17 is not a case that will disappear for Russia,” he told the Associated Press.
The judgment also detailed acts of sexual violence used by Russian forces as a method of psychological warfare. The Court found that rape had been employed deliberately to demoralise the Ukrainian population, amounting to torture under international human rights standards.
Though largely symbolic in legal enforcement terms—Russia has stated it does not recognise the legitimacy of the ECHR—the ruling is a significant milestone in international efforts to hold Moscow accountable. “We won’t abide by it, we consider it void,” said Kremlin spokesperson Dmitry Peskov in response.
The Court called on Russia to take immediate action, including:
The safe return of all individuals unlawfully detained in occupied Ukrainian territories;
Agreement to an independent international mechanism to identify and reunite children removed to Russia or held in occupied areas with their families or legal guardians.
In 2023, the Court confirmed that from 11 May 2014 onwards, areas in Donbas controlled by Russian-backed separatists fell under the “jurisdiction” of the Russian Federation, based on Moscow’s provision of military, political, and economic support.
The ECHR decision is separate from criminal proceedings in the Netherlands, where two Russian nationals and one Ukrainian separatist were convicted in absentia in 2022 for their roles in the MH17 downing.
The Court’s ruling does not end legal proceedings against Russia. Ukraine has further inter-state applications pending, and nearly 10,000 individual complaints have been lodged against the Russian government.
Ukrainian President Volodymyr Zelenskyy has recently approved plans to establish a separate international tribunal aimed at prosecuting senior Russian officials for the 2022 invasion.
Judge Mykola Gnatovskyy, the Ukrainian representative on the ECHR, described the ruling as likely “the largest and most important in the history of the Court,” which saw 26 states and one international organisation join proceedings as third parties.
