Sydney/Moscow, May 13, (dpa/GNA) – The UN aviation agency ruled on Monday that Russia is responsible under international law for the 2014 downing of Malaysia Airlines Flight MH17.
The Malaysia Airlines Boeing 777, known by its flight number MH17, was flying from Amsterdam to Kuala Lumpur when it was shot down over Ukraine’s Donetsk region, killing 298 people, including 196 from the Netherlands, 38 Australians and four Germans.
According to international investigations, the Buk anti-aircraft system was brought from a Russian military base across the border into eastern Ukraine and transported back after the downing.
It was still the early phase of the fighting, which would later escalate and eventually lead to Russia’s full-scale invasion of Ukraine in February 2022.
The council of the International Civil Aviation Organization (ICAO) ruled that Russia failed to uphold its obligations under international air law.
The case was brought by Australia and the Netherlands.
Australian Foreign Minister Penny Wong said in a statement the ICAO Council 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.”
Australia welcomed the ruling and urged the council 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,” she said.
“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.”
Two Russians and a Ukrainian were sentenced in absentia to life imprisonment by a Dutch court in 2022 for murder in 298 cases. Russia continues to deny any responsibility and refuses to extradite the men.
Kremlin spokesman Dmitry Peskov reiterated on Tuesday that Russia’s position on the matter is well known. According to the state news agency TASS, he said that Russia was not involved in the investigation: “Therefore, we do not accept any biased conclusions.”
The ICAO – founded 80 years ago and based in Montreal – and its 193 member states set global aviation standards but lacks regulatory power.
The ICAO described its decision as a historic first: It was the first time a dispute between member states had been adjudicated under the ICAO’s conflict resolution mechanism.
The justification of the claims put forward by the Netherlands and Australia was convincing both in content and legally, it said.