The United Nations aviation agency has ruled that Russia was responsible for the downing of Malaysia Airlines flight MH17 over eastern Ukraine in July 2014, killing all 298 people on board. The plane was shot down by a Russian-made missile while flying from Amsterdam to Kuala Lumpur. The Kremlin has consistently denied any involvement in the air disaster.
The UN’s Council of the International Civil Aviation Organization (ICAO) voted that the Russian Federation failed to uphold its obligations under international air law. This requires states to refrain from resorting to the use of weapons against civil aircraft in flight. The flight was brought down during a conflict between pro-Russian rebels and Ukrainian forces in the Donbas region of Ukraine.
The passenger plane was carrying 196 people from the Netherlands, 38 people from Australia, 10 British citizens, and nationals from Belgium and Malaysia. The Australian and Dutch governments brought the case to the UN in 2022 and have welcomed the ICAO’s ruling. “We call upon Russia to finally face up to its responsibility for this horrific act of violence and make reparations for its egregious conduct,” said Australia’s Foreign Minister Penny Wong.
The Dutch Foreign Minister, Caspar Veldkamp, emphasized that the ruling marks an important step towards establishing the truth and achieving justice and accountability. “This decision also sends a clear message to the international community: states cannot violate international law with impunity.” In 2022, a Dutch court convicted two Russians and a pro-Moscow Ukrainian national of murder in absentia for their roles in downing the plane, sentencing them to life in prison. However, they have not served time due to not being extradited.
The ICAO’s decision is seen as a significant step towards justice for the victims and their families. Australia and the Netherlands are now pushing for Russia to enter negotiations on reparations. The ICAO Council will discuss the form of legal redress in the coming weeks.