In a significant development, the International Civil Aviation Organization (ICAO) Council has attributed the responsibility for the downing of Malaysia Airlines Flight 17 over Ukraine to Russia. This decision, which comes nearly a decade after the tragic incident, has opened up the possibility of compensation for the families of the 298 individuals who lost their lives.
The investigative efforts led by the Netherlands concluded in 2016 that the aircraft, which was en route from Amsterdam to Kuala Lumpur, was brought down on July 17, 2014. A Buk missile system, dispatched from Russia, was used from an area under the control of separatist rebels in Ukraine. Despite these findings, Russia denies any part in the incident involving MH17.
In 2022, both the Netherlands and Australia advanced their case against Russia to the Montreal-based ICAO. Tuesday’s ruling was met with approval from both governments. However, pursuing justice through the International Court of Justice was not feasible due to Russia’s non-recognition of the court’s jurisdiction based in The Hague.
The council has determined that Russia breached the Chicago Convention, which strictly prohibits the use of weapons against civilian aircraft during flight. This ruling marks a historic first for the council, as it resolves a dispute between governments on this matter involving 193 member states.
Dutch Foreign Minister Caspar Veldkamp conveyed that discussions regarding reparations would commence shortly. He mentioned that the Netherlands and Australia are appealing for the ICAO Council to urge Russia to engage in negotiations and to facilitate these discussions. The aim is to ensure that these negotiations are undertaken in good faith, with adherence to specific timelines, to achieve substantive outcomes, Veldkamp added.
Similarly, Australian Foreign Minister Penny Wong expressed the need for prompt action by the council to determine appropriate remedies. She insisted on Russia’s accountability for its violent act, calling for reparations under international law.
There was no immediate response from the Russian Embassy in Australia regarding the ruling. According to Australian National University international law expert Don Rothwell, the council’s reasons for its decision have not yet been released. Rothwell highlighted that the council might soon issue recommendations for Russia to make reparations, a standard international gesture for damages following a violation of international law. He added that further details on the council’s stance are awaited.