STRASBOURG – For the first time, an international judge has addressed Russia’s involvement in the downing of a passenger plane in 2014, which led to the deaths of 298 individuals, including 196 Dutch citizens. The Court has deemed the suffering of the survivors and the bereaved as a violation of human rights.
The Netherlands brought the case to the international court to hold Russia accountable for the plane’s destruction. Despite the uncertainty about who specifically fired the missile, the Court has established responsibility on the part of Russia, given that either Russian military personnel or pro-Russian separatists launched it. The Court determined that Russia failed to act to mitigate the human suffering caused by the missile strike.
Additionally, the Court criticized Russia for its lack of cooperation in the investigation. The Netherlands has made numerous requests for information, which have gone unanswered. Russia continues to deny any involvement in the plane’s downing.
The Court has linked the MH17 case with various complaints from Ukraine concerning human rights violations during the annexation of Crimea and the invasion that occurred three years ago.
Although Russia was part of the human rights treaty until September 2022, when it withdrew, it can still be held accountable for actions prior to that date. However, the human rights court, which represents the Council of Europe in overseeing the treaty, cannot compel a convicted state to comply with its decisions and must depend on its moral authority.
Previously, the Council of the International Civil Aviation Organization, a UN body, ruled that Russia was guilty in the MH17 case, a finding that the Kremlin has dismissed. The three men sentenced to life in prison by the Hague court for their roles in the incident have also not been extradited by Russia.
The ECHR and the Council of Europe operate independently of the EU. The Council, comprising nearly all European nations, has been dedicated to protecting human rights since World War II.
(July 9, 2025)
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