On Monday, Australia and the Netherlands launched new legal proceedings against Russia under Article 84 of the Convention on International Civil Aviation before the International Civil Aviation Organization (ICAO), a United Nations (UN) agency, for the downing of Malaysian airlines MH17 as it flew over eastern Ukraine in 2014.
Australia and the Netherlands said they began joint legal action against Russia at the U.N.'s aviation agency over the downing of Flight MH17 on July 17, 2014, killing all 298 on board https://t.co/pCguu5aKDw pic.twitter.com/DCyH6J0OTT
— Reuters (@Reuters) March 14, 2022
In an official press release, Australian Prime Minister Scott Morrison said, “We have maintained since May 2018 that the Russian Federation is responsible under international law for the downing of Flight MH17. Today’s joint action by Australia and the Netherlands is a major step forward in both countries’ fight for truth, justice and accountability for this horrific act of violence, which claimed the lives of 298 victims, 38 of whom called Australia home.”
The statement also talked about the numerous pieces of evidence that the government hopes to present, including the use of the Russian Buk-TELAR surface-to-air missile system and transportation of missiles from Russia to eastern Ukraine, which was accompanied by trained Russian personnel to operate them.
Furthermore, Australian Minister for Foreign Affairs Marise Payne said, “Russia’s unprovoked and unjustified invasion of Ukraine and the escalation of its aggression underscores the need to continue our enduring efforts to hold Russia to account for its blatant violation of international law and the UN Charter, including threats to Ukraine’s sovereignty and airspace.”
🇦🇺 & 🇳🇱 today initiated legal proceedings against Russia in @ICAO for the downing of #MH17. We continue our pursuit for truth, justice & accountability for the 298 victims. Russia must be held to account for its egregious violations of international law. https://t.co/DMMW8UudIw pic.twitter.com/Hw1ftS7ecV
— Marise Payne (@MarisePayne) March 14, 2022
Payne said the government could consider withdrawing the legal action if Russia agrees to resume the stalled negotiations.
Similarly, in an official press release by the government of the Netherlands, Minister of Foreign Affairs Wopke Hoekstra said, “The government will continue to do everything in its power to call Russia to account for the downing of flight MH17 and to uphold the international legal order,” adding, “We cannot and will not allow the death of 298 people, including 196 Dutch nationals, to go unanswered. The current events in Ukraine underscore the vital importance of this.”
The Dutch government stated that ICAO must investigate and decide if Russia is responsible and therefore liable for any claims for damages. Additionally, it accused Russia of violating the ‘Chicago Treaty,’ which ensures safe civil transport, by illegally targeting a civilian aircraft. The government refused to associate the legal proceedings with the ongoing Ukraine crisis and said it would undertake all measures to hold Russia responsible for the deaths of Dutch citizens.
The Malaysian airline MH17, from Amsterdam to Kuala Lumpur, was shot down by a Buk anti-aircraft missile while flying over the territory held by pro-Russian separatists in eastern Ukraine on July 17, 2014. All 298 people on board, the majority of whom were from the Netherlands, were killed. Also among the dead were 38 residents and citizens of Australia.
UK stands by Australia and the Netherlands in calling on the Russian government to accept responsibility for the tragedy of MH17.
— Liz Truss (@trussliz) March 14, 2022
We must deliver justice for the families of the victims. This is just another example of the Kremlin’s barbaric actions against innocent civilians.
The proceedings could force Russia to participate in negotiations with Australia and the Netherlands again, leading to financial penalties for Moscow overseen by the UN-linked agency. Both countries have been seeking compensation and an apology from Moscow, which has denied any involvement in the incident and unilaterally withdrew from negotiations in October 2020.
Apart from this investigation, there are two other cases in progress with the MH17 flight downing. Amsterdam’s criminal court is holding a trial against four Russian-backed separatists, and a lawsuit has also been filed against Russia before the European Court of Human Rights by the Netherlands.