“Massive and horrible” violations of human rights: the Ukrainian and Dutch governments presented their arguments to the European Court of Human Rights on Wednesday in favor of condemning Moscow for its military aggressions from 2014 and 2022 and the destruction of Malaysia Airlines Flight MH17.
In the packed room of the Grand Chamber, the most solemn formation of this international tribunal installed in Strasbourg, only the 11 places reserved for representatives of the Kremlin remained unoccupied, Russia having chosen to no longer respond to the court’s requests shortly after the start of the war in Ukraine.
Moscow having not provided reasons to explain its absence, the continuation of the hearing was decided to allow “a good administration of justice”, declared in the introduction the president, the Irish Siofra O’Leary.
Facing the 17 judges, Iryna Mudra, deputy director of President Volodymyr Zelensky’s cabinet, denounced the “massive and systematic human rights violations” committed by Russia in Ukraine.
“Its behavior is reminiscent of that of Germany between 1939 and 1945,” she said, pointing to a Russian ambition to “destroy Ukraine as a State and Ukrainians as a Nation.”
Kyiv representatives recalled how, as early as 2014, “agitators were brought to Donbass to participate in an uprising” and carried out “killings of civilians and kidnappings,” as well as “acts of torture.” on detainees.
They returned to the “large-scale invasion” carried out from February 2022 and the “blind and disproportionate use of force” against civilians and their property, citing the examples of Buchá, Mariupol or Irpin, and the “violation of humanitarian corridors”, in Zaporizhzhia in particular.
Following them, representatives of the Dutch government presented their views on the destruction by a missile on July 17, 2014, of flight MH17 from Amsterdam to Malaysia, shot down in the Donetsk region of Donbass, killing 298 people. .
The “Buk Telar” battery that fired the missile was piloted by members of the Russian armed forces, or at least with their assistance,” argued Babette Koopman of the Foreign Ministry. “The separatists did not have specialists capable of operating” such equipment.
Representing an association of relatives of the victims, Peter Pieg denounced “the lack of cooperation” from Moscow and the “organized disinformation” around this file, reinforcing “the trauma” of the families.
“A year ago the magistrate in charge of the investigation into other perpetrators (a first conviction concerning three men was handed down in 2022 by a Dutch court, Editor’s note) had to suspend the investigation because Russia does not transmit the information,” he emphasized.
Twenty-six states, including almost all EU members, provided comments during the procedure. Speaking on their behalf, Norwegian government official Henriette Busch provided her “unequivocal support for Ukraine” and insisted on her “strongest condemnation of Russia’s flagrant violations.”
In addition to the stories documenting human rights abuses, the presentations focused on the question of “jurisdiction exercised” during the conflict by Russia in the regions of Ukraine, i.e. its responsibility for acts committed on foreign territory according to its degree physical control of this territory and public officials in these areas.
On this issue, Poland and the United Kingdom delivered divergent visions, with Warsaw calling not to “detach the application of the European Convention on Human Rights from the context of war”, while London on the contrary called for a “cautious approach,” fearing possible “negative and serious repercussions on the ability of States to conduct lawful international military operations.”
Russia, which is no longer a party to the European Convention on Human Rights since September 16, 2022, remains accountable to the ECHR for violations committed before that date.
The Court’s decision is not expected for several months.
