SOURCE :- THE AGE NEWS
By Rob Harris
The United Nations’ top aviation authority has formally found Russia 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 in 2022.
The Council of the International Civil Aviation Organisation (ICAO) on Tuesday (AEST) ruled that Russia violated international aviation law under the Chicago Convention, the foundational treaty governing international civil aviation.
Malaysian Airlines flight MH17 was shot down over separatist-held territory in eastern Ukraine on 17 July 2014, killing all 298 people on board.Credit: AP
MH17 was en route from Amsterdam to Kuala Lumpur on July 17, 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.
Australian Foreign Minister Penny Wong welcomed the finding, describing it as “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”.
“In reaching its decision, the ICAO Council has upheld the fundamental principle that weapons should not be used against civil aircraft.
“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.”
Following the ruling, Dutch Foreign Minister Caspar Veldkamp said: “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.
“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.”
ICAO, a specialised UN agency with 193 member states, holds jurisdiction over breaches of the Chicago Convention.
The ICAO 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 convention, which prohibits the use of weapons against civilian aircraft in flight.
In the coming weeks, the 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”.
The Kremlin on Tuesday, Moscow time, rejected the council’s ruling as biased. “Our position is well known. You know that Russia was not a country that took part in the investigation of this incident, so we do not accept any biased conclusions,” Kremlin spokesman Dmitry Peskov said.
The Russian government has repeatedly denied any involvement in the downing of MH17.
In a criminal court in the Netherlands in November 2022, three pro-Russian separatists were sentenced to life imprisonment over heir roles in shooting down MH17 and for the murders of the 298 people.
Russian nationals Igor Girkin, Sergei Dubinsky and pro-Moscow Ukrainian Leonid Kharchenko were each found guilty of murder and unlawfully causing the crash of the aircraft, having helped to arrange and transport a Russian army BUK missile system into Ukraine that was used to shoot down the plane. They all refused to attend the trial and were tried in absentia.
They were all senior commanders in the separatist movement Donetsk People’s Republic (DNR). The Hague District Court also determined that Russia controlled the DNR at the time flight MH17 was shot down.
With Reuters
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