Russia was responsible for the downing of a flight that killed all 289 people on board, a UN body has ruled.
On July 17, 2014, Malaysian Airlines Flight MH17 was flying from Amsterdam to Kuala Lumpur when it was shot down by a surface-to-air missile over eastern Ukraine.
The aircraft broke apart midair, and all passengers and crew were killed.
Highlights
- The UN's ICAO found Russia liable for downing MH17 in 2014, killing all 289 passengers and crew aboard over eastern Ukraine.
- Russia has denied involvement, with key suspects convicted in absentia and sentenced to life by a Dutch court in 2022.
- Australia and the Netherlands won the case at ICAO and demand Russia enter reparations talks for the victims and their families.
Russia failed to uphold its obligations under international air law, a UN body has ruled
Image credits: Piroschka van de Wouw/Getty Images
The International Civil Aviation Organization (ICAO) has now ruled that the Russian Federation was responsible and failed to uphold its obligations under international air law.
At the time of the incident, Ukraine was embroiled in intense fighting with pro-Russian separatists in its eastern regions, particularly Donetsk and Luhansk.
This conflict began after Russia annexed Crimea in March 2014, sparking unrest and armed rebellion by separatist groups backed by Russia.
Image credits: Alan Wilson
A Dutch-led investigation and an international joint investigation team found that the missile system came from Russia and was operated by pro-Russian forces.
Russia has denied its involvement in the case.
In 2022, Russians Igor Girkin and Sergey Dubinsky, along with Ukrainian separatist leader Leonid Kharchenko, were convicted in absentia by a Dutch court for their roles in the attack.
They were sentenced to life imprisonment, but Moscow described the ruling as “scandalous” and said it would not extradite its citizens.
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Australia and the Netherlands jointly brought a case against Russia to the ICAO in 2022, holding Russia accountable for its role in the downing of MH17 and seeking justice for the victims.
“The Council agreed that the claims brought by Australia and the Netherlands as a result of the shooting down of Flight MH17 on 17 July 2014, were well founded in fact and in law,” the ICAO said Monday.
The majority of the passengers aboard MH17 were Dutch, with 193 people from the Netherlands.
Other victims included Malaysians, Australians, Indonesians, Britons, Germans, Belgians, Filipinos, Canadians, and New Zealanders.
The Netherlands and Australia want Russia to enter into reparations negotiations
Australian Foreign Minister Penny Wong said in reaching the decision that the ICAO had “upheld the fundamental principle that weapons should not be used against civil aircraft.”
“This is a historic moment in the pursuit of truth, justice, and accountability for the victims of the downing of Flight MH17, and their families and loved ones,” she said.
Of the 289 people who died that day, 38 were either citizens or permanent residents of Australia.
The Australian government is now urging the ICAO to “move swiftly to determine remedies for this violation.”
“We call upon Russia to finally face up to its responsibility for this horrific act of violence and make reparations for its egregious conduct, as required under international law,” Wong added.
“Our thoughts remain with those who lost their lives as a result of Russia’s actions, their families and loved ones.”
Image credits: Soner Kilinc/Anadolu Agency/Getty Image
“While we cannot take away the grief of those left behind, we will continue to stand with them in that grief and pursue justice for this horrific act.”
The Foreign Minister of the Netherlands Caspar Veldkamp said: “I am pleased with this decision by the ICAO Council, first and foremost because of what it means for the next of kin of the victims of the downing of Flight MH17.
“It cannot take away their grief and pain, but the decision is an important step towards establishing the truth and achieving justice and accountability for all victims of Flight MH17, and their families and loved ones.”
“This decision also sends a clear message to the international community: states cannot violate international law with impunity.”
In the next few weeks, the ICAO Council will decide what kind of reparation is appropriate.
The Netherlands and Australia are asking the council to order Russia into negotiations with them, with the council facilitating this to ensure talks are fair and lead to a real outcome.