HRLC intervenes in ECtHR Ukraine and the Netherlands v. Russia

Earlier this year, our member Professor Marko Milanovic and Associate Professor Sangeeta Shah submitted an amicus curiae brief to the European Court of Human Rights in the case of Ukraine and the Netherlands v. Russia (nos 8019/16, 43800/14 and 28525/20).

The brief deals exclusively with the 2014 downing of the MH17 airliner over Ukraine. The first part of the brief addresses issues of attribution and state jurisdiction in the sense of Article 1 ECHR, providing guidance on the applicable tests for considering whether the respondent state can be held responsible for the downing of MH17. The second part of the brief examines how mistake of fact in the use of lethal force should be considered in light of the obligations under Article 2 ECHR. The third part of the brief examines possible prevention and complicity doctrines relating to the right to life under the Convention in the context of weapons transfers to third parties.