10/07/2025

Grand Chamber of the European Court of Human Rights issues judgment in Ukraine and The Netherlands v Russian Federation

On 9 July 2025, the Grand Chamber of the European Court of Human Rights issued its judgment in a series of inter-state cases brought by Ukraine and The Netherlands against the Russian Federation (applications 8019/16, 43800/14, 28525/20 and 11055/22).

The Court took the opportunity to “reflect anew on the exercise of its own jurisdiction under Article 32 to interpret and apply the Convention and its Protocols” [349]. It concluded that the Russian Federation assumed a degree of responsibility over those individuals affected by its attacks and therefore exercised authority and control over individuals affected by its military attacks up until 16 September 2022. These individuals fell within the jurisdiction of the Russian Federation for the purposes of Article 1 of the European Convention [361].

The Court held that the Russian Federation had violated multiple provisions of the European Convention in relation to the conflict in Ukraine in the period between 11 May 2014 and 16 September 2022.

The Court found that the question of compensation was not yet ready for decision. It noted that any future award to Ukraine would have to have due regard to the establishment of the Register of Damages by the Council of Europe and the ongoing discussions concerning a future compensation mechanism. The respondent government did not participate in the proceedings.

Lord Verdirame KC, Belinda McRae, Philippa Webb, Michal Hain, Courtney Grafton and Brendan Plant acted for the Government of Ukraine (together with Tim Otty KC and other members of Blackstone Chambers, and Ben Emmerson KC), instructed by Quinn Emanuel Urquhart & Sullivan UK LLP.

From the ECHR: Judgment | Press release