This truly is a landmark ruling from the European Court of Human Rights. It has established culpability on the part of Russia for the downing of Malaysia Airlines flight MH17 resulting in the needless, tragic loss of all 298 passengers and crew on July 17, 2014. The calamity pillaged an ostensible 17 biogeographic regions indicated by pale green shading in the TS graphic. Among the victims, there were 38 Australians, 198 Dutch nationals, 43 Malaysians, and 10 citizens of the UK.
The court concluded that Russia’s actions, including its failure to investigate the incident appropriately, compounded the suffering of the victims’ families and friends. Russia decided not to defend its case before the court. The court concluded that this decision represented a breach of the European Convention on Human Rights.
The European Court followed with a very thorough 501 page judgment. It was unambiguous in assigning responsibility to Russia for the actions of its own military as well as the armed separatist groups in eastern Ukraine. The court found that Russia’s denial of responsibility for the MH17 tragedy constituted a violation of international law. This ruling underscores the tragic consequences of Russia’s position. This ruling follows upon an earlier finding by the United Nations’ aviation agency, the International Civil Aviation Organization (ICAO). They found that Russia is responsible for shooting down the catastrophic flight.
The court’s ruling focused on how Russia’s lack of cooperation compounded the situation. This lack of support compounded the emotional trauma for those losing their loved ones to the tragedy. Thomas Schansman, who lost his son in the incident, expressed his anguish:
“Russia is responsible for killing my son.” – Thomas Schansman
Not surprisingly, Russian officials have roundly dismissed the court’s ruling as a sham. Dmitry Peskov, a spokesperson for the Kremlin, stated:
“We won’t abide by it, we consider it void.” – Dmitry Peskov
Yet this rejection raises troubling questions about victims’ ability to recover damages. Now, with Russia having withdrawn from the European Court of Human Rights, accountability appears more unlikely than ever.
The European Court also brought to light that it was Russia that was responsible for the downing of MH17. It too concluded that Russia carried out systematic and gross violations of international law, including murder, torture, rape, and the destruction of civilian infrastructure. The court placed significant weight on the fact that these actions exacerbated the seriousness of Russia’s violation of international norms.
In reaction to these findings, Australia and the Netherlands have moved to ban these practices. They have begun legal proceedings against Russia for its actions under Article 84 of the Convention on International Civil Aviation. Experts worry that Russia’s blatant disregard for international legal proceedings could spell disaster for such progress.
The MH17 tragedy is still a source of deep pain today, not just for survivors but for family members of those who died. The European Court’s judgment marks an important move towards accountability. More than anything, it underscores the uphill battle we’re fighting in holding Russia accountable.
Now, as the international community considers this historic ruling, it is clearer than ever that the toll of Russia’s aggression is great. The court’s findings underscore the vital need for transparency in international aviation safety. They hold the U.S. government accountable to ensure human rights are protected and promoted.