Justice Served After Years of Struggle

In a landmark ruling that could reshape international accountability, Europe’s leading human rights court has held Russia accountable for the downing of Malaysia Airlines Flight MH17, which tragically resulted in the loss of 298 lives, including 38 Australians. This decisive verdict from the European Court of Human Rights (ECHR) comes after years of legal battles led by Ukraine and the Netherlands.

Russia’s Actions Deemed Unlawful

The court's president, Mattias Guyomar, delivered a powerful statement, declaring that Russian military actions in support of separatists in Eastern Ukraine since 2014 were "manifestly unlawful." Notably, the court found that a missile was intentionally fired at MH17, likely under the misguided belief it was a military aircraft.

The Evidence Speaks Volumes

While the court did not pinpoint the exact individual responsible for firing the missile, it did underscore that Russia was liable for the actions of both its armed forces and the separatists. The court accepted the Dutch government’s assertion that the missile system used, a Buk-Telar, lacked the capability to distinguish between military and civilian targets. Importantly, Russia failed to take necessary precautions, leading to a stark violation of international law.

Russia Brushes Off the Judgment

In a predictable rebuttal, Kremlin spokesperson Dmitry Peskov dismissed the ruling, claiming it would be ignored as "void." However, Ukraine celebrated this as a major victory, describing the judgment as historic and unprecedented, marking a crucial step toward justice.

Families Find Closure in the Ruling

For many families affected by the disaster, this ruling marks a significant milestone in their lengthy search for justice. Thomas Schansman, who lost his 18-year-old son Quinn, expressed his emotions, stating emphatically, "Russia is responsible for killing my son." The families have been seeking recognition of their suffering for over a decade.

The Larger Context and Future Implications

The plane was tragically shot down on July 17, 2014, over eastern Ukraine, using a Russian-made missile from an area controlled by Moscow-backed rebels. The ECHR's 501-page ruling also cited Russia’s refusal to engage in the proceedings as an additional violation of human rights conventions.

In light of the court's decision, the issue of financial compensation remains unresolved, with little expectation that any damages will be paid following Russia's expulsion from the Council of Europe. Meanwhile, a separate Dutch criminal trial has already convicted individuals linked to the tragedy, setting a judicial precedent on this grim chapter in aviation history.