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Netherlands Takes Russia to European Court of Human Rights Over 2014 MH17 Crash

The crash led to the death of 298 individuals, of which two-thirds were Dutch nationals.

July 13, 2020
Netherlands Takes Russia to European Court of Human Rights Over 2014 MH17 Crash

On Friday, the Netherlands announced its decision to take Russia to the European Court of Human Rights (ECHR) over its alleged role in shooting down the MH17 flight, which was travelling from Amsterdam to Kuala Lumpur. The incident occurred six years ago and led to the death of 298 individuals, of which two-thirds were Dutch nationals. Russia, which is a signatory of the ECHR, will be obligated to comply with the decision of the court.

The decision to sue Russia before the ECHR comes following a Dutch investigation, which concludes that the Boeing 777 aircraft was taken down by a “Buk surface-to-air missile” that was fired by pro-Moscow rebels in Ukraine. There is also evidence to show that the missiles were sent to Ukraine by Russia. The findings of this investigation were corroborated by other Western intelligence agencies.

The Dutch government believes that this move is crucial to secure the rights of the deceased and rightfully deliver justice to their relatives of the individuals. Stef Blok, the Netherlands’ Foreign Minister, said, “Achieving justice for 298 victims of the downing of flight MH17 is and will remain the government’s highest priority ... By taking this step today … we are moving closer to this goal.” Moreover, this will also assist the suits filed by the relatives of the deceased before the ECHR by providing the court access to the details of the investigation done by the Dutch investigators.

Previously, four individuals—three Russian nationals, and one Ukrainian who is known to have acquired a Russian passport—were charged by Dutch prosecutors for their involvement in the crash. The cases are currently proceeding in absentia as Russia has refused to extradite the accused in the case. Consequently, Russia and the Netherlands engaged in repeated diplomatic negotiations. However, the decision to take the matter to the ECHR indicates a failure in these talks.

Russia has always denied the allegations of its involvement in the MH17 crash by Dutch or other Western authorities. The spokesperson for Russia’s foreign ministry, Maria Zakharova, said that this decision indicated “another blow to Russian-Dutch relations”. She further said, “The Hague from the very beginning embarked on the path of unilateral blaming Russia for the crash of the flight MH17 … We believe that this step will only lead to further politicisation and will complicate the search for truth.” Further, the head of the Russian Upper Houses’ Foreign Affairs Committee, said that the decision was “a strange initiative from every aspect” as the investigation at the national level was still pending. Further, he questioned the jurisdiction of the ECHR over the issue.

Image Source: The Economist