European Court holds Russia accountable for MH17 tragedy

On July 9, 2025, the European Court of Human Rights (ECHR) delivered two significant rulings regarding Russia's actions during the war in Ukraine, particularly focusing on the downing of Malaysia Airlines Flight MH17 in 2014. This tragic incident resulted in 298 fatalities, including 196 Dutch citizens, and has been subject to extensive investigation and legal scrutiny. The Court emphasized that despite uncertainty surrounding the specific individuals who fired the missile, Russia remains accountable due to its military presence and support of pro-Russian separatists in eastern Ukraine during the conflict. The court's rulings also included numerous complaints by Ukraine regarding human rights violations by Russia, such as murder, torture, and traditional war crimes. The ECHR stated that Russian forces had engaged in actions that not only facilitated the MH17 disaster but also inflicted widespread suffering on Ukrainian civilians. Court President Mattias Guyomar highlighted that the violations of international humanitarian law by Russia resulted in excessive civilian casualties and utilized sexual violence as a tactic to undermine Ukrainian morale. This strategic use of terror has exacerbated humanitarian crises in the region. The Netherlands initiated legal proceedings against Russia, seeking accountability for the downing of MH17. While Moscow continues to deny any involvement, the ECHR maintained that their investigation indicates that Russian personnel or allied separatists were responsible for launching the missile that struck the airline. Furthermore, the Court criticized Russia for failing to cooperate with ongoing investigations and for denying prior commitments under the European Convention on Human Rights, which they withdrew from in September 2022 following their expulsion from the Council of Europe. While the rulings are significant, their enforceability is questionable as the ECHR can only rely on moral authority rather than legal mechanisms to compel compliance from a state that has severed its ties with the court. Previous international judgments, including those from the International Civil Aviation Organization, have already deemed Russia culpable for the MH17 crash, a determination consistently dismissed by the Kremlin. Ultimately, these rulings underscore a crucial moment in international law regarding state accountability in armed conflicts and could set a significant precedent in how such cases are approached in the future.