Michael Drury, Of Counsel; Christina Josephides, Senior Associate; and Mohamed Naleemudeen, Associate at BCL, examine the European Court of Human Rights’ landmark judgment in Netherlands and Ukraine v. Russia.
The Court held Russia responsible for widespread human rights violations in Ukraine, including the downing of flight MH17. Confirming that Russia’s obligations under the European Convention on Human Rights extended beyond separatist regions to military operations across Ukraine. By adopting an expansive interpretation of Article 1 jurisdiction, the Court established that states may, in exceptional circumstances, be accountable for human rights breaches arising from armed conflict even outside their effective territorial control.
This ruling has far-reaching implications for how states must balance human rights obligations alongside international humanitarian law in future conflicts.
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