European Court holds Russia responsible for MH17 disaster
In the media image: Tingey Injury on Unsplash
The ECtHR has ruled unanimously that Russia is responsible for downing flight MH17. Eric De Brabandere, Professor of International Dispute Settlement Law, commented in an NOS podcast on the importance of this ruling and the role of courts and tribunals in international law.
The European Court of Human Rights (ECtHR) has ruled unanimously that Russia is responsible for downing flight MH17 on 17 July 2014 above Ukraine. The disaster cost 298 people their lives, including 196 Dutch nationals. Relatives say they feel acknowledged and are relieved. According to the ECtHR, Russia breached Article 2 of the European Convention on Human Rights: the right to life. The Russian army had failed to check if the target was a military or civil aircraft, and had therefore violated law of war.
In the podcast, De Brabandere outlined the establishment of the Permanent Court of Arbitration, in which the guiding principle was that disputes are no longer settled by force, but through the courts. Since the establishment of the United Nations and the Charter, it has been explicitly forbidden to use force against another country in order to settle disputes. The professor has seen a huge increase in cases before international courts. Not since the establishment of the International Court of Justice after the Second World War has it been this busy. That is something positive.
‘The fundamental problem in international law is that there are always sovereign states that don’t recognise courts and tribunals. Courts and tribunals only have jurisdiction if states recognise them. States that are not parties will challenge the ruling.' Proceedings do often lessen tensions, even if it takes years before a verdict is reached.' Whether Russia will proceed to pay compensation will likely be determined in a broader agreement in which the court’s ruling will be part of the solution, says the professor.
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Listen to the whole NOS podcast (in Dutch)