Russia found responsible for downing of MH17 by top UN aviation body

The United Nations’ top aviation authority has formally found the Russian Federation responsible for the downing of Malaysia Airlines Flight MH17 over eastern Ukraine in 2014, marking a landmark ruling in a case brought by Australia and the Netherlands.

The Council of the International Civil Aviation Organisation (ICAO) ruled on Monday that Russia violated international aviation law under the Chicago Convention, siding with Australia and the Netherlands, which jointly launched proceedings against Moscow in 2022.

“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,” said Dutch Foreign Minister Caspar Veldkamp following the ruling.

“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.”

The Council’s decision follows a vote by its member states, with a large majority backing the claims that Russia breached Article 3 bis of the Chicago Convention, which prohibits the use of weapons against civilian aircraft in flight.

MH17 was en route from Amsterdam to Kuala Lumpur on 17 July 2014 when it was shot down over separatist-held territory in eastern Ukraine, killing all 298 people on board, including 38 Australian citizens and residents. Investigations have since concluded the aircraft was brought down by a Russian-made Buk surface-to-air missile.

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In the coming weeks, the ICAO Council will determine what reparations, if any, should be imposed on Russia. Australia and the Netherlands have requested that the Council order Russia to enter negotiations with them, and that it facilitate those talks to ensure they proceed “in good faith and according to specific timelines.”

ICAO, a specialised UN agency with 193 member states, holds jurisdiction over breaches of the Chicago Convention, the foundational treaty governing international civil aviation.

The Russian government has repeatedly denied any involvement in the downing of MH17. It was not immediately clear whether Moscow would comply with the council’s ruling or participate in the proposed negotiations.

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