European court finds Russian responsible for international law violations. Here’s the key takeaways

THE HAGUE, Netherlands — Europe’s top human rights court delivered scathing rulings on Wednesday against Russia, holding Moscow responsible for widespread breaches of international law in Ukraine and the downing of Malaysia Airlines Flight 17 in 2014.

The European Court of Human Rights (ECHR) judges issued condemnations in four cases brought by Kyiv and the Netherlands, accusing Moscow of atrocities in Ukraine dating back over a decade.

These violations include murder, torture, rape, destruction of civilian infrastructure, and abduction of Ukrainian children.

This marks the first instance where an international court has determined extensive human rights abuses by Russian forces in Ukraine.

The 501-page ruling by the Strasbourg court consolidated four complaints, three related to the separatist conflict in eastern Ukraine in 2014, and one concerning alleged violations of international law post the invasion.

In all four cases, the court’s 17 judges unanimously found that Russian forces violated international humanitarian law.

One of the complaints was filed by the Netherlands regarding the MH17 tragedy over separatist-controlled eastern Ukraine. This marks the first time an international court has held Russia accountable for the incident that claimed 298 lives.

The ECHR judges determined that Russia’s denial of its involvement in the disaster also violated international law. The failure to conduct a proper investigation “exacerbated the suffering” of the victims’ families and friends.

In 2022, a Dutch criminal court convicted two Russians and a Ukrainian rebel in absentia for multiple murders related to the downing of Flight MH17 in a separate case.

The ECHR is a key component of the Council of Europe, the leading human rights institution in the continent.

Established in 1949 and based in Strasbourg, France, the Council of Europe is an international organization dedicated to advancing human rights, democracy, and the rule of law. It comprises 46 member states. The organization expelled Moscow in 2022 following the invasion of Ukraine.

However, the court retains the authority to address cases against Russia predating its expulsion, and legally, the country is still obligated to participate in the proceedings.

These judgments are not the final ones from the ECHR concerning the conflict.

Kyiv has additional cases pending against Russia, and there are nearly 10,000 cases filed by individuals against the Kremlin.

The court will determine financial compensation at a later stage, but Russia’s expulsion reduces the likelihood of damages ever being paid.

Typically, ECHR judges award compensation to victims for financial losses or hardships endured as a result of their rights being violated.

Previously, the court ordered Russia to pay millions of dollars in compensation to Georgia for various violations following the 2008 Russia-Georgia war. However, this compensation has not been delivered.

In 2023, over 40 nations and the Council of Europe agreed to establish a mechanism to quantify the damage caused by Russia in Ukraine in hopes of securing reparations.

The Hague-based Register of Damage for Ukraine, also known as RD4U, started accepting claims last year.

Ukraine’s President Volodymyr Zelenskyy recently approved plans to establish a new international court to prosecute senior Russian officials for the invasion of Ukraine.

The special tribunal will be established through an agreement between Ukraine and the Council of Europe. Its purpose is to prosecute senior Russian leaders for the “crime of aggression,” underlying the numerous war crimes alleged against Russian forces since the conflict began.

Existing international courts, such as the International Criminal Court (ICC) in The Hague, lack jurisdiction to try Russian nationals for this specific offense.

The ICC has outstanding arrest warrants for Russian officials for war crimes, including President Vladimir Putin, who is accused of direct involvement in the abductions of children from Ukraine.