The European Court of Human Rights (ECHR) decision from July 9 in the case Ukraine and the Netherlands v. Russia could simplify the review of criminal proceedings by the International Criminal Court (ICC) and the Special Tribunal for the Crime of Aggression against Ukraine.
This opinion was expressed by Margarita Sokorenko, the Commissioner for the European Court of Human Rights, in a comment to Ukrinform.
“It’s hard to say whether this decision will accelerate proceedings in other cases, but it will certainly make things easier in terms of the evidence base. It simplifies the work of other judicial bodies in proving the broader context and the existence of systematic crimes and human rights violations. This decision makes their work easier,” Sokorenko noted.
She explained that it’s still unclear whether the ICC’s review will be expedited, due to the different legal requirements for proving crimes. Additionally, the timeline for reviewing cases at the Special Tribunal is uncertain, given the lengthy process of its establishment.
“The crime of aggression and the human rights violations examined by the ECHR are somewhat different areas. Different evidentiary rules will apply. Just two weeks ago, we signed an agreement in the Council of Europe on establishing the Special Tribunal. The next step is to physically create this tribunal, hire personnel, and develop rules for its operations and case reviews. In other words, first we need to build the tribunal,” Sokorenko emphasized.
As Ukrinform previously reported, on July 9, the Grand Chamber of the European Court of Human Rights in Strasbourg announced its ruling in the inter-state case Ukraine and the Netherlands v. Russia, recognizing numerous human rights violations by the aggressor state.
The case is the largest inter-state proceeding to date and consolidates four separate applications. It covers the period from 2014 to the present and concerns crimes committed in the occupied territories of Donetsk and Luhansk regions. The case also includes complaints related to actions taken by the Russian Federation during the full-scale invasion that began on February 24, 2022.
A separate component of the proceedings is the application submitted by the Netherlands regarding the downing of the Malaysian Boeing (MH17), which resulted in the deaths of all 298 people on board.
Source: ECHR ruling could facilitate ICC, Special Tribunal cases against Russia – Commissioner Sokorenko
