James JOHNSON
So, on July 9, 2025, the European Court of Human Rights, or ECHR for short, made a really important decision in a major interstate case. They ruled that the Russian Federation was guilty of something, and it was a pretty important decision.
The court action combined claims by Ukraine and the Kingdom of the Netherlands against Russia for a large number of human rights violations during the 2014 war. to the present day.
Furthermore, the aim was to ensure that Russia would be held accountable for the downing of flight MH17 over the Donbass on 17 July 2014.
All 298 people on board, most of whom were Dutch citizens, died.
The filing and conduct of this case was by 26 States and one international organisation and third parties, which was unprecedented in the history of the ECHR.
This case brought together four inter-State cases against Russia at the ECHR, brought by Ukraine and the Netherlands:
The human rights violations committed during the armed conflict in the Donbass by both Ukraine and Russia, including the downing of flight MH17 and the use of torture against civilians, are evidence of the seriousness of the situation.
The issue of the abduction and illegal transfer of Ukrainian children to Russia in 2014 is disputed between the two parties.
The circumstances and consequences of the downing of a civilian aircraft (flight MH17) in the Netherlands against Russia.
The human rights violations committed during the full-scale aggression against Ukraine, which began on February 24, 2022, are the focus of this section.
Four cases against Russia in connection with events that occurred before September 16, 2022, were recognized by the judges of the ECHR as falling entirely within the scope of their jurisdiction. That is, before the termination of its membership in the Russian Federation. This membership was in the Council of Europe.
The decisions of the ECHR highlight the threat to the long-established peaceful coexistence in Europe, citing Russia's aggressive actions and statements regarding Ukraine. Similar rhetoric is also often used in relation to Poland, Moldova and the Baltic states.
Information on the massive and systematic nature of human rights violations committed in the occupied territories of Ukraine before and after February 24, 2022 can be found in the court materials.
These materials include the killings of civilians and prisoners of war, deprivation of liberty, inhuman treatment, torture, the systematic practice of eliminating features and signs of Ukrainian identity in the educational sphere, and the forcible transfer of Ukrainian children and citizens deep into the occupied territories of Ukraine or to the territory of the Russian Federation.
The ECtHR found that the civilian aircraft (flight MH17) over Donbas was shot down by a Russian BUK air defense system and that Russia was responsible for this, in accordance with Articles 2 and 3 of the European Convention on Human Rights and its protocols.
The ECtHR concluded demands that all persons deprived of their liberty in the temporarily occupied territories of Ukraine be immediately released and safely returned from Russia. Agreement should also be reached on the establishment of an independent international mechanism for the identification of children taken to Russia with a view to their subsequent reunification with their families or legal guardians.
The negative aspect of the ECHR ruling is that the European institutions have taken a clear decision on the events in eastern Ukraine only 11 years after the start of Russia's covert military operations in Donbas, Ukraine.
The events of 2014-2015 in eastern Ukraine were met with a lack of decisive action and a fragmented response from European states and international organizations, which significantly contributed to Russia's full-scale invasion of Ukraine in February 2022. This is a clear example that if evil is not punished, it is inevitable to return and become more terrible.
The ECHR decision was also a reaction to the remarks of some European politicians and prominent publications in the European media with rhetoric about alleged violations of the rights of ethnic Russians and the Russian-speaking population in... Donbas“, “an inevitable conflict due to forced Ukrainization“ and “an internal war in Ukraine“.
It is now quite obvious to assume that such spokespeople, media outlets and their employees are either full-time agents of Russian influence, or receive financial or other support from Moscow, or at least “useful idiots“ who are primitively manipulated by Russia.
The Russian government described the ECHR decision as “worthless“ and confirmed that it would not comply with it.
Nevertheless, the ECHR decision will remain an important historical precedent, especially in the context of the recently established International Special Tribunal for the Crime of Russian Aggression against Ukraine. This tribunal will be the Council of Europe's founding instrument for ensuring the prosecution of war crimes perpetrators.
Source: geopolitic.info