European Court Rules Russia Responsible for MH17 Downing, Killing 298

European Court Rules : The European Court of Human Rights (ECHR) has delivered a landmark ruling, declaring Russia responsible for the downing of Malaysia Airlines flight MH17 in 2014. The court determined that Russian forces acted in a “manifestly unlawful” manner, leading to the tragic loss of all 298 passengers and crew members on board, including 38 Australians.

This case is one of four brought by Kyiv and the Netherlands against Russia, marking a significant moment in the ongoing legal and diplomatic fallout from the incident.

Target Identification and Kremlin’s Response

The ECHR’s 501-page judgment highlighted that the evidence pointed to the missile being intentionally fired at flight MH17, likely under the mistaken belief that it was a military aircraft.

The court criticized Russia for failing to take adequate measures to distinguish between military and civilian targets, breaching fundamental principles of distinction and precautions. While Ukraine has hailed the ruling as an “undeniable victory,” the Kremlin has dismissed it as “void,” refusing to acknowledge its implications.

Victims’ Families and Russia’s Non-Participation

The ruling also condemned Russia’s refusal to engage in the proceedings, which the court found to be a violation of the European Convention on Human Rights. The Boeing 777 was brought down over eastern Ukraine by a Russian-made Buk missile launched from territory controlled by pro-Moscow separatists.

For the families of the victims, such as one parent who stated, “Russia is responsible for killing my son,” this judgment represents a crucial step toward accountability. Notably, the ECHR, part of the Council of Europe, expelled Moscow in 2022 due to its invasion of Ukraine, but it retains jurisdiction over pre-expulsion cases like this one.

Legal Proceedings and Future Compensation

The ECHR’s decision is distinct from a separate Dutch criminal prosecution where two Russians and a Ukrainian rebel were convicted in absentia for their roles in the MH17 disaster. The court has yet to determine financial compensation, though the likelihood of collecting damages from Russia remains low given its departure from the Council of Europe.

This ruling aligns with a May decision by the UN aviation council, which also held Russia accountable for the downing of the Malaysia Airlines flight. Together, these legal actions underscore the international consensus on Russia’s responsibility, despite ongoing geopolitical tensions.