ECtHR Rules Ukraine and Netherlands Cases against Russia Partially Admissible [1]
On January 25, 2023, the European Court of Human Rights (ECtHR) ruled [3] that applications made by Ukraine and the Netherlands against Russia are admissible in full, and another application made by Ukraine against Russia is partly admissible. Ukraine v. Russia (I) [4], deemed admissible in full, was brought against Russia in 2014 following Russia’s invasion of Crimea. It alleges that Russia is responsible for unlawful military attacks against civilians, the shooting down of Flight MH17, and the execution and torture of civilians and Ukrainian soldiers. The court previously ruled [5] that the complaint was admissible in 2021. The Netherlands also brought a case [6] against Russia concerning Malaysian Airlines flight MH17 which was en route from Amsterdam to Kuala Lumpur when it was shot down by a missile allegedly fired by pro-Russian separatists in July 2014. The court found that the separatists were “managed and coordinated” by the Russian government and reasoned that Russia could therefore be a party in the case. Ukraine v. Russia (II) [4], also brought to the court in 2014, alleged that orphans and children placed in foster care had been forcibly transferred to Russia without proper protocol. The case was deemed partially admissible as the court found that the Ukrainian government had not fully exhausted domestic legal measures available to them in resolving the issue.