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Russia has been found responsible for the downing of Malaysia Airlines Flight MH17 and the deaths of 298 people by the UN’s aviation agency.
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The International Civil Aviation Organisation (ICAO) Council concluded that Russia, on 17 July 2014, breached the prohibition under international law on the use of weapons against civil aircraft in flight.
Thirty-eight Australian residents were killed in the incident when the aircraft was shot down over eastern Ukraine. The plane had been on its way from Amsterdam to Kuala Lumpur when contact was lost around 50 kilometres from the Ukrainian border with Russia on 17 July 2014, local time.
It was alleged at the time that the Boeing 777-200ER was shot down by Russian surface-to-air missiles, which were transported from Russia to separatists it was backing in Donetsk, eastern Ukraine.
“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,” Senator Penny Wong said in a public statement.
“In reaching its decision, the ICAO Council has upheld the fundamental principle that weapons should not be used against civil aircraft.
“The Australian government welcomes the ICAO Council’s decision and urges it to move swiftly to determine remedies for this violation. 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.
“Our thoughts remain with those who lost their lives as a result of Russia’s actions, their families and loved ones.
“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.”
Attorney-General Mark Dreyfus previously spoke about Australia’s commitment to justice for MH17 during a speech to parliament.
“Just under two years ago, the District Court of The Hague made unequivocal and conclusive findings of the Russian Federation’s involvement in the downing of Flight MH17, and findings of guilt against Igor Girkin, Sergey Dubinskiy and Leonid Kharchenko,” Dreyfus said at the time.
The then-Morrison government launched legal proceedings against Russia in 2022 alongside the Netherlands, with ICAO last year ruling that it did have jurisdiction to hear the case.
“This is a milestone in the fight for truth, justice and accountability for the 298 victims, including 38 Australians,” Vasyl Myroshnychenko, Ukrainian ambassador to Australia and New Zealand, said this week.
“Ukraine stands with Australia, the Netherlands, and the international community in ensuring those responsible are held to account.”
