The United Nations has held Russia responsible for downing commercial passenger flight MH17 in 2014, killing 298 people.
The ruling comes more than two years after Australia and the Netherlands launched a case over a missile strike on the Malaysia Airlines flight.
In a vote by the UN’s International Civil Aviation Organisation (ICAO), Russia was found to have breached international law by providing the weapons used to shoot down the plane.
Both countries are now calling on ICAO to order Russia to enter reparation negotiations.
MH17
In July 2014, a Malaysian Airlines passenger plane was shot down over eastern Ukraine on its way from the Netherlands to Malaysia.
It crashed in Ukraine near the Russian border and killed all 298 people on board, including 38 residents and citizens of Australia.
A joint investigation of the crash concluded the missile had been fired from an area near eastern Ukraine by Russian-backed rebels.
In 2022, three men were sentenced to life in prison by a Dutch court, which found there was “no doubt” that MH17 was hit by a missile launched from a field held by pro-Russian forces.
The Russian-backed figures were tried in absentia, meaning none attended the trial. They must be located and arrested before serving their sentences. A fourth man was acquitted.
International arrest warrants issued in 2019 remain active. Russia has denied all findings and previously said it would not extradite its citizens.
Ruling
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In a vote on Monday, the ICAO’s 193 member countries agreed that Russia “failed to uphold its obligations under international air law”.
Under that law, countries must “refrain from resorting to the use of weapons against civil aircraft in flight.”
The decision followed multiple council sessions that reviewed written and oral submissions, ultimately finding the allegations of a criminal breach by Russia were “well founded in fact and in law.”
Comments
The Federal Government welcomed the ruling, calling it “a historic moment in the pursuit of truth, justice and accountability for the victims”.
Foreign Affairs Minister Penny Wong has urged the council to ensure negotiations for “remedies for this violation” are mandated “swiftly”.
“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.
The Netherlands echoed Australia’s comments, saying the decision “sends a clear message to the international community: states cannot violate international law with impunity.”
Dutch Foreign Affairs Minister Caspar Veldkamp supported calls for negotiations for reparations.
“[It’s] important to ensure that the negotiations are conducted in good faith, follow specific timelines, and yield actual results,” Veldkamp said.
Russia has yet to publicly respond to the ruling.
