The European Court of Human Rights holds russia accountable for massive human rights violations in Ukraine
The European Court of Human Rights (ECHR) delivered its judgment in four joined inter-State cases, Ukraine and the Netherlands v. russia, holding russia accountable for multiple violations of the European Convention on Human Rights against Ukraine and its people.
This is already the second judgment of this Court finding russia accountable for mass violations of human rights in Ukraine, which began in 2014 with the annexation of Crimea and escalated to unprecedented degree during the large-scale war of aggression against Ukraine that began in 2022 and continues to this day.
This judgment is an important step forward in seeking compensation for the victims. The judgment will have an effect of a preliminary ruling for all parallel court proceedings and will enable the ECHR to hear more than 7,000 individual petitions filed by Ukrainians to the ECHR regarding the violations of their rights and freedoms. The judgment will also be relied on by national courts when adjudicating cases for the compensation of damages within their jurisdiction, and by European organisations in their activities.
The judgment concerns four joined cases: the abduction and transfer of Ukrainian children to russia by russia during the annexation of Crimea; crimes against human rights and freedoms committed by russia's military operations in eastern Ukraine; the downing of civilian aircraft MH-17 by russia, its avoidance to assume responsibility and effectively investigate the incident; mass violations of human rights and freedoms after the start of the full-scale war against Ukraine and its invasion by russia. Lithuania has joined the proceedings in the latter case as a third party, together with 26 other European countries, and submitted joint observations.
Violations of human rights and freedoms following russia's large-scale war and invasion of Ukraine
The Ukrainian Government claimed in these proceedings that russia had unlawfully attacked Ukraine and that this attack and the occupation of part of Ukraine's territory is continuing. According to the Ukrainian Government, russia is carrying out targeted, indiscriminate and disproportionate attacks against civilians and their property throughout Ukraine, in violation of all applicable norms of international law. In the course of these attacks, tens of thousands of civilians have been injured, killed, detained or remain missing, hundreds of thousands have had their property or homes destroyed, millions of individuals have been internally displaced or forced to leave Ukraine, and thousands of corporate entities have had their businesses and property destroyed.
The Ukrainian Government argued that there have been no effective investigation by the russian authorities into these matters and that each of these acts has been committed under the express direction and control of the russian authorities at the highest levels, including the President of the respondent State. The Ukrainian Government pointed out that russia is responsible for numerous violations of the European Convention on Human Rights.
Violations by russia found by the European Court of Human Rights
The ECHR has held russia responsible for widespread and systematic violations of human rights committed in Ukraine since 2014. The Court found that russia has violated numerous articles of the European Convention on Human Rights: right to life, prohibition of torture, right to liberty and security, right to respect for private and family life, freedom of expression, religion and association, as well as prohibition of discrimination.
The judgment states that the russian military forces and supported separatists carried out indiscriminate attacks against civilians and civilian objects, carried out executions, torture, and abuse, including sexual violence.
Forced labour, unlawful detention of civilians, the transfer of children to russia and their adoption, the suppression of the Ukrainian language in schools, and systematic indoctrination aimed at russifying Ukrainian children in the occupied territories were also identified.
The Court held that russia is responsible for shooting down the civil aircraft MH17 of Malaysia Airlines in 2014 and for the deaths of 298 passengers, most of whom were Dutch citizens, because russia failed to ensure the safety of the passengers, did not investigate the incident in a proper manner, and provided false and fabricated information.
The Court ordered russia to release without delay all illegally detained persons and to cooperate in restoring the contacts between the Ukrainian children who had been transferred to russia or russian-controlled territories and their families, and in returning them to Ukraine. The issue of compensation (damages) will be examined separately at a later date.
Last updated: 02-09-2025