Ukraine and the Netherlands v. Russia re MH17, Amicus Curiae Brief on behalf of the Human Rights Law Centre of the University of Nottingham

Abstract

This is an amicus curiae brief in the case of Ukraine and the Netherlands v. Russia (nos 8019/16, 43800/14 and 28525/20) before the European Court of Human Rights, filed on behalf of the Human Rights Law Centre at the University of Nottingham, which was granted permission by the President of the Grand Chamber to act as third party intervenor in the case. The brief deals exclusively with the 2014 downing of the MH17 airliner over Ukraine.

The first part of this 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.

Keywords: amicus curiae, European Court of Human Rights, jurisdiction, extraterritoriality, attribution, arms transfers, mistake of fact