Post by : Bianca Qureshi
Photo: AFP
Europe’s top human rights court has found that Russia was responsible for shooting down Malaysia Airlines Flight MH17 in 2014. This tragic event killed all 283 passengers and 15 crew members onboard. The judges at the European Court of Human Rights (ECHR) gave their ruling on Wednesday. This court is based in Strasbourg, France.
What Happened to Flight MH17?
Flight MH17 was a Boeing 777 plane flying from Amsterdam in the Netherlands to Kuala Lumpur in Malaysia. On July 17, 2014, when it was flying over eastern Ukraine, it was shot down by a missile. The missile was a Russian-made Buk missile. It was fired from an area in eastern Ukraine that was controlled by separatist rebels who were loyal to Russia.
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What Did the Judges Say?
The president of the court, Mattias Guyomar, read out the judgment in the courtroom. He said that “evidence suggested that the missile had been intentionally fired at flight MH17, most likely in the mistaken belief that it was a military aircraft.”
This means that the people who fired the missile thought the plane was a military jet, not a passenger plane. But it still led to the death of all 298 people onboard, including many children and families who were travelling for holidays or work.
Russia Refused to Take Responsibility
The court said that Russia’s refusal to accept its involvement in the MH17 disaster was against international law. Also, Russia did not do a proper investigation into this tragedy. The court said that this failure “significantly aggravated the suffering” of the relatives and friends of the passengers who died.
Many families have waited for justice for a long time. Some parents and spouses said that they could not move forward in life because Russia never told the truth or showed regret for their loved ones’ deaths.
UN Also Blamed Russia
In May this year, the UN’s aviation agency also found Russia responsible for the disaster. It said that using such weapons against a passenger plane was against international air safety rules.
Other Rulings Against Russia
The European Court of Human Rights also delivered judgments on three other cases filed by Ukraine and the Netherlands against Russia. These cases were about atrocities and human rights abuses in Ukraine that happened over the past ten years.
War Crimes in Ukraine
The court found Russia guilty of many serious crimes after its full-scale invasion of Ukraine in 2022. These crimes include:
Murder
Torture
Rape
Destruction of civilian infrastructure
Kidnapping of Ukrainian children
The court’s president, Mattias Guyomar, said that Russian forces broke international humanitarian laws. Their attacks killed and injured thousands of civilians, including women, children, and elderly people. The aim of these attacks, he said, was to create “fear and terror” among Ukrainians.
Use of Sexual Violence
The judges also said that Russia used sexual violence, including rape, as a weapon of war. This was done to break the morale of the Ukrainian people and to humiliate them. Judge Guyomar said: “The use of rape as a weapon of war was an act of extreme atrocity that amounted to torture.”
This means that sexual violence was used not just as random crimes but as a planned strategy in the war, which is a very serious violation of international human rights.
Human Rights Treaty Violated
The court noted that Russia did not take part in these court proceedings. This refusal was also against the European Convention on Human Rights, which is the treaty that supports the court’s work.
The judgment was very long, 501 pages, and it showed detailed evidence and statements about Russia’s actions.
About the European Court of Human Rights
The ECHR is an important court that is part of the Council of Europe. The Council of Europe is the main human rights organisation in Europe. It works to protect the rights and freedoms of people in its member countries.
However, in 2022, the Council of Europe expelled Russia after it invaded Ukraine. Even after Russia’s expulsion, the ECHR can continue to deal with cases that happened before Russia was expelled. Legally, Russia is still supposed to follow the court’s judgments and take part in its cases.
Financial Compensation Decision Later
The court will decide about financial compensation for the families of MH17 victims and for Ukraine at a later date. But because Russia has left the Council of Europe, there is very little hope that Russia will actually pay the damages ordered by the court.
Russia and Ukraine’s Reactions
When reporters asked the Kremlin spokesperson, Dmitry Peskov, about the judgment before it was officially announced, he said: “We won’t abide by it, we consider it void.”
This means Russia will ignore the judgment and will not accept it.
On the other hand, Ukraine welcomed the ruling. Ukrainian officials called it “historic and unprecedented.” They said it was an “undeniable victory” for Ukraine and for the families who have waited for justice for so long.
Why This Judgment is Important
This judgment is important because it shows that countries cannot act without responsibility. Shooting down a passenger plane and killing hundreds of innocent people is a crime that must be punished under international law. Also, using rape and torture as weapons in war is not only cruel but against humanity itself.
The court’s decision will be remembered as a strong message to Russia and to other countries that the world is watching and justice will be done, even if it takes time.
The families of MH17 victims hope that one day Russia will accept its wrongdoing and apologise. They also hope that the world will remain united to stop such tragic events and human rights abuses from happening again.
This judgment, although symbolic for now, has given hope and dignity back to the victims’ families and to the people of Ukraine who continue to suffer due to war.
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