Landmark ECHR ruling against Russia to shape global policy, expert says

This opinion was expressed in a comment to Ukrinform by Andrii Kosylo, Head of the Center for the Study of International Crimes at the University of Warsaw, Associate Professor of Criminology and Criminal Policy, and Board Member of the Sunflowers Foundation.

“Decisions of such magnitude by international judicial bodies influence policy… I am convinced that this ECHR decision will affect political decisions made by government authorities in various countries,” Kosylo stated.

According to him, this is a “turning point”, as it is the first international court ruling that directly and substantially addresses the Russia–Ukraine war.

He emphasized that the ECHR decision covers a wide range of issues and is based on an extensive body of evidence.

“Practically every aspect it touches upon is of significant legal importance and would require confirmation. Now, all of this has already been confirmed in a categorical form by a decision of the European Court of Human Rights — a highly authoritative judicial body not only in Europe but globally,” the expert noted.

Kosylo added that the ECHR decisions are considered a “benchmark and standard” in international law, and lawyers around the world refer to them.

The expert also highlighted that the ECHR is a Council of Europe body, just like the future Special Tribunal on the crime of aggression against Ukraine. Therefore, the ECHR decision will carry prejudicial weight (legally binding facts established by a final court decision) for the upcoming Special Tribunal.

“First, the facts established in the ECHR decision will be taken into account by the Special Tribunal. Second, it will make it easier for the Tribunal to reach its own decisions, as it can rely on the ECHR’s conclusions, which have already established specific facts about war crimes — including unlawful detention, torture, and the forced displacement of people,” Kosylo emphasized.

As reported, on July 9, the Grand Chamber of the ECHR in Strasbourg announced its decision in the inter-state case Ukraine and the Netherlands v. Russia, recognizing numerous human rights violations by the Russian Federation.

Ukraine’s Ministry of Foreign Affairs described the decision as a significant step toward holding Russia accountable.

The case Ukraine and the Netherlands v. Russia concerns mass and systematic human rights violations in the temporarily occupied territories of Donetsk and Luhansk regions; the abduction and attempted illegal transfer of orphans from these areas to Russia in 2014; and the downing of Malaysia Airlines flight MH17.