The European Court of Human Rights (ECHR) on July 9 found [12] that Russia has committed grave violations of international humanitarian law [13] (IHL) in Ukraine. Judges at the ECHR rendered a series of decisions related to consolidated complaints brought by Ukraine and the Netherlands since the Ukraine conflict [14] began in 2014. Among the named violations of IHL are the downing of Malaysia Airlines Flight 17 [15](MH17 [18]), multiple violations of the Geneva Conventions [16] and other human rights treaties, application of "extremism laws" against religious communities, and interference with freedom of speech and the press.
The court held that Russia "used violence against detainees" and that "people were tortured and ill-treated and subjected to inhuman conditions of detention." The ECHR also stated that there is "evidence of a widespread and systemic use of sexual violence by armed separatists and Russian troops," with "rapes being committed at gunpoint" and accompanied by "acts of torture." The judges firmly stated that the "use of rape as a weapon of war…is an act of extreme atrocity that amounts to torture."
Furthermore, the ECHR ruled that the Russian Federation is liable for an "administrative practice of forced labour," emphasizing that there were "reports of detainees being forced to engage in demining work, which is dangerous labour and therefore proscribed by international humanitarian law." The court went on to denounce Russia's commission of "abductions, kidnappings, arrests, and detention" as well as its unlawful displacement of civilians. The ECHR also found Russia responsible for various aircraft attacks [19] and the downing of MH17 [20], the latter causing the deaths of all 298 people on board.
In 2014, Russia occupied and annexed [21] Crimea as well as sending troops to back separatists in the Donbas region following the Revolution of Dignity [22] in Ukraine. Russia was the only nation to recognize the annexation, and the majority of countries condemned it as a contravention of international law. Since then, Ukraine has seen crimes against humanity, forced displacements of its people, and incessant drone attacks [23].
Russia was expelled [24] from the Council of Europe in 2022, but the ECHR still retains jurisdiction over any violations of the European Convention on Human Rights [25] that occurred before September 16, 2022. While this decision notably marks the first instance that an international tribunal has held Russia accountable for the human rights abuses committed in Ukraine, Moscow has already indicated that it intends [26] to ignore the ruling. Kremlin spokesperson Dmitry Peskov stated, "We consider [the decisions] null and void."
From JURIST [27], July 9. Used with permission. Some internal links added.
Note: In a case challenging Russian annexation of Crimea [28] brought by Ukraine, the ECHR found [29] in February that Russia violated the right to a fair trial and due process by imposing Russian law on the territory.
See our last report on war crimes accusations [30] against Russia.
