Grand Chamber Hearing of European Court "Ukraine and the Netherlands vs Russia" over Invasion and Downing of Flight MH17

On 12 June 2024, the European Court of Human Rights in Strasbourg held hearings in the interstate case Ukraine and the Netherlands vs Russia, according to Mykola Hnatovsky, a judge of the European Court of Human Rights from Ukraine.

This is the so-called "big" case, covering the events of 2014 in Donetsk and Luhansk regions, the downing of flight MH17 by Russian mercenaries, as well as the actions of the respondent state Russia in Ukraine since 24 February 2022.

The oral hearings on the admissibility and merits of the interstate case Ukraine and the Netherlands v. Russia at the ECtHR started at 9:15 am local time and lasted more than seven hours.

Ukraine was the first to speak in court. Usually, each party is allocated 45 minutes to speak. However, given the uniqueness of the interstate case "Ukraine and the Netherlands v. Russia", the large volume of violations that have been going on for ten years since the beginning of the armed aggression of the Russian Federation against Ukraine, the court gave the Ukrainian delegation an hour.

Iryna Mudra, Deputy Head of the Office of the President of Ukraine, opened the Ukrainian side's statement. She stressed that since 2014, Russia has been trying to destroy Ukraine's state sovereignty, and with the beginning of a full-scale invasion, it continues to encroach on the foundations of the rule of law in the entire European community.

For its part, the Netherlands, in presenting its position on its complaints regarding the downing of flight MH17, stressed that the tragedy claimed the lives of 298 people and that those responsible have not yet been punished. The Buk system used to shoot down MH17 was transported from the territory of Russia, and after the plane was shot down, the Buk system was returned to Russia. Also, on behalf of the relatives of the victims of flight MH17, the Dutchman Piet Ploug, a member of the board of the Air Tragedy Foundation, who lost his brother, sister-in-law and nephew in the tragedy, spoke in court. His brother's remains have not yet been found. Pete Ploug told the court how Russia's actions have forever changed the lives of the victims' relatives, that Russia is responsible for the deaths of their loved ones and must be punished for the terrible war in Ukraine.

The intergovernmental statement on Russia's full-scale military invasion of Ukraine was joined by 26 countries and one non-governmental organisation. 

At the hearings, the applicant states took the opportunity to intervene as third parties, and additional positions were presented by two states - Poland and the United Kingdom.

The hearing was officially attended by representatives of 21 countries. In addition to Ukraine, the Government of the Netherlands presented its position, which had lodged complaints regarding the downing of flight MH17. 

The governments of the UK and Poland presented their separate positions, and Norway presented a joint third-party position, which addressed the issue of extraterritorial jurisdiction and the relationship between international humanitarian law and the Convention for the Protection of Human Rights and Fundamental Freedoms.

The Court's press release and video of the hearing can be viewed here.

Russia was not present at the merits hearings in the case of Ukraine v. Russia (concerning Crimea), which took place in December 2023. Similarly, Russia did not appear at the hearing on 12 June 2024. However, this in no way hinders the ability of the ECtHR judges to consider the case and render a judgement.

Following its expulsion from the Council of Europe, Russia has no longer been a party to the Convention for the Protection of Human Rights and Fundamental Freedoms since 16 September 2022. At the same time, Russia retains the right to participate in the consideration of cases against it, and the ECHR has been notifying the Russian side of hearings.