Russia did down Malaysian Airlines flight MH17 over Ukraine, an aviation body has ruled more than 11 years after the disaster.
On Monday, the UN’s aviation council declared Russia accountable for the incident that led to the deaths of all 298 passengers and crew members, including 196 Dutch nationals and 38 Australian citizens or residents.
The respective governments stated that the International Civil Aviation Organization (ICAO)’s Council would deliberate over the next few weeks on what kind of reparations should be pursued.
Malaysian Airlines Flight MH17 took off from Amsterdam en route to Kuala Lumpur on July 17, 2014. It was shot down over eastern Ukraine amid clashes between pro-Russian separatists and Ukrainian military forces.
In November 2022, Dutch judges convicted two Russian men and a Ukrainian man in absentia of murder for their role in the attack.
Moscow called the ruling ‘scandalous’ and said it would not extradite its citizens.
The ICAO, which is based in Montreal, did not immediately respond to a request for comment. The case was launched in 2022 by Australia and the Netherlands.
‘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,’ Dutch Foreign Minister Caspar Veldkamp said in a statement.
‘This decision also sends a clear message to the international community: states cannot violate international law with impunity.’
The reconstructed wreckage of the MH17 airplane is seen after the presentation of the final report into the crash of July 2014 of Malaysia Airlines flight MH17 over Ukraine, in Gilze Rijen, the Netherlands, October 13, 2015
People walk amongst the debris at the crash site of a passenger plane near the village of Grabovo, Ukraine, on July 17, 2014
In this file photo taken on November 11, 2014 pro-Russian gunmen stand guard as Dutch investigators (unseen) arrive near parts of the Malaysia Airlines Flight MH17 at the crash site near the Grabove village in eastern Ukraine on November 11, 2014
Russian rocket system ‘Buk-M2’ on display during the MAKS 2011 airshow in the town of Zhukovsky, outside Moscow, Russia
The Netherlands and Australia want the ICAO Council to order Russia to enter into negotiations over reparations, he added.
Australia Foreign Minister Penny Wong said her government welcomed the decision and urged ICAO to move swiftly to determine remedies.
‘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 said in a statement.
ICAO lacks regulatory power but holds moral suasion and sets global aviation standards overwhelmingly adopted by its 193-member states.
In 2023, three men involved in the downing of Malaysia Airlines flight MH17 were sanctioned by the Australian government.
The sanctions target Russian Sergey Dubinskiy and Ukrainian national Leonid Kharchenko, who were both found guilty in the court and sentenced to life in jail.
Australia has also sanctioned Russian national Sergey Muchkaev, a colonel with the Russian Armed Forces.
Muchkaev in July 2014 was the commander of the 53rd Anti-Aircraft Missile Brigade, which supplied the Buk-TELAR missile system that downed MH17.
Another convicted perpetrator, Igor Girkin, was sanctioned by Australia in 2014 for supporting separatist activity in eastern Ukraine.
A Malaysian air crash investigator inspects the crash site of Malaysia Airlines Flight MH17, near the village of Hrabove (Grabovo) in Donetsk region, Ukraine, July 22, 2014
Toys are placed near the cross in memory of victims of Malaysia Airlines Flight MH17 plane crash in the village of Rozsypne in Donetsk region, Ukraine March 9, 2020
‘As either separatist leaders within the so-called ‘People’s Republic of Donetsk’ at the time of the downing of Flight MH17, or a member of the Russian Armed Forces, the three people sanctioned actively supported actions and policies that threatened the sovereignty and territorial integrity of Ukraine,’ Foreign Minister Penny Wong said.
‘These sanctions demonstrate the Australian government’s ongoing commitment to hold to account those responsible for the downing of flight MH17.’
She said Australia was committed to seeking ‘truth, justice and accountability’ for the victims and would pursue all available avenues.
