The European Court of Human Rights (ECHR) found that international law had been violated repeatedly by Russia in Ukraine, in a landmark ruling that criticises Moscow’s behaviour, which has continued since it commenced war on its neighbour.
Its highly anticipated decision, the court in Strasbourg concluded that there had been a “pattern of unlawful behaviour” by Russia in Eastern Ukraine and in Crimea. It was in reaction to a series of cases initiated by Ukraine and backed by several dozens of European countries, which accused Russian forces and affiliated militias of mass human rights violations since 2014.
Russia was found guilty by the court for various breaches of the European Convention on Human Rights, such as right to life, prohibition of torture, and protection of property. It highlighted strong evidence of indiscriminate shelling, arbitrary detentions, and ill-treatment of detainees.
“This is a historical moment in holding Russia accountable in law for its actions in Ukraine,” said Ukrainian Justice Minister Olena Sydorova. “It verifies the testimonies of tens of thousands of people who suffered during occupation and military aggression.”
Although Russia officially withdrew from the Council of Europe and the ECHR’s jurisdiction in 2022, the court held that it still had competence in respect of violations occurring prior to that withdrawal and while Russia exercised effective control over regions of Ukraine.
Kremlin authorities have described the ruling as “politically motivated” and accused the court of bias, but international law scholars view the decision as a historic legal decision that will have repercussions in future war crimes cases and reparation cases. The ECHR’s decision puts more and more legal pressure on Moscow at a time when international agencies continue their investigation of Russian military operations in Ukraine. Even if the court cannot prosecute criminally, its decisions will strengthen the expanding body of legal findings that are adverse to Russia on the world stage.
