MELBOURNE – On Tuesday, the Council of the International Civil Aviation Organization declared Russia responsible for shooting down Malaysia Airlines Flight 17 over Ukraine, resulting in the loss of 298 lives over a decade ago. This decision increases the likelihood of victims’ families receiving compensation.
A Dutch-led international investigation determined in 2016 that the Amsterdam-to-Kuala Lumpur airliner was downed on July 17, 2014, using a Buk missile system from Ukrainian territory controlled by separatist rebels. The system was supplied by Russia, which denies any connection to the MH17 disaster.
In 2022, the governments of the Netherlands and Australia brought the case against Moscow to the Montreal-based global aviation agency, and they welcomed Tuesday’s ruling.
The International Court of Justice wasn’t an option, because Russia doesn’t recognize The Hague, Netherlands-based court’s jurisdiction.
Council finds that Russia violated the Chicago Convention
The council found that Russia had violated the Convention on International Civil Aviation, known as the Chicago Convention, which requires that states “refrain from resorting to the use of weapons against civil aircraft in flight.”
It’s the first time that the council, which represents 193 member states, has decided a dispute between governments.
Dutch Foreign Minister Caspar Veldkamp said that the council would consider the question of reparations within weeks.
“In that context, the Netherlands and Australia are requesting that the ICAO Council order the Russian Federation to enter into negotiations with the Netherlands and Australia, and that the Council facilitate this process,” Veldkamp said in a statement.
“The latter is important in order to ensure that the negotiations are conducted in good faith and according to specific timelines, and that they will yield actual results,” he added.
Australian Foreign Minister Penny Wong urged the council to move swiftly to “determine remedies.”
“We call on Russia to finally face up to its responsibility for its horrific act of violence and make reparations for its egregious conduct, as required under international law,” Wong said in a statement.
Russian Embassy doesn’t respond
The Russian Embassy in Australia didn’t immediately respond to a request for comment on Tuesday.
Australian National University international law expert Don Rothwell said that the council had yet to publish the reasons for its decisions.
“One of the consequences for this process will be that the council will probably make some recommendations that Russia pay what are called reparations, which is an international term for damages, as a result of its violation of international law,” Rothwell said.
“So we have to wait and see exactly what the council finds on that particular point,” Rothwell added.
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