Breakfast Briefing with Joëlle Trampert

MH17 in The Hague and in Strasbourg – Reflections on the Dutch Court’s Judgment and the European Court of Human Rights’ Admissibility Decision

Abstract

On 17 November 2022, the Dutch district court of The Hague pronounced judgment in the criminal case against four suspects for their role in the downing of flight MH17 in eastern Ukraine that caused the death of all passengers and crew. On 25 January 2023, the European Court of Human Rights (ECtHR) delivered its admissibility decision in three inter-State cases lodged against the Russian Federation, including the complaint of the Netherlands concerning Russia’s responsibility for the MH17 incident.

Both courts have extensively referred to levels of control exercised by Russia to answer different legal questions; from conflict classification in the criminal case to the matter of extraterritorial jurisdiction in the inter-State case. In her presentation, Joëlle will briefly explain the background and scope of these cases, discuss the various findings on State control, and reflect on whether one court might have drawn – or may draw – on the findings of the other, including in the ECtHR’s future judgment on the merits.

About the Speaker 

Joëlle Trampert is a PhD Candidate at the University of Amsterdam with the Rethinking SLIC* project. Her research is on state responsibility for extraterritorial complicity in international crimes and serious human rights violations.  

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See a list of all the International Law Breakfast Briefings for Spring 2023