Australia has called on Moscow to face up to its responsibility in the “horrific” downing of Malaysia Airlines Flight MH17 more than a decade ago, killing all 298 passengers on board, including 38 Australians.
It came a short time after the International Civil Aviation Organisation (ICAO) Council in Montreal found Russia responsible under international law for shooting down the passenger plane on July 17, 2014.
Russia has never accepted culpability for the disaster and has instead fanned theories to shift the blame, including the suggestion a Ukrainian jet brought the Boeing 777 down.
The international investigation debunked the theories and proved it was a Russian-made and supplied anti-aircraft missile fired towards the plane from the ground in eastern Ukraine.
The case was brought to the Council jointly by the Netherlands and Australia in 2022 in the pursuit of accountability for the strike which brought MH17 down over eastern Ukraine, months after the war erupted in the region.
The case hinged on allegations the Russian Federation used a surface-to-air missile to down MH17 over eastern Ukraine constituting a breach of Article 3 (bis) of the Convention on International Civil Aviation, which requires States “refrain from resorting to the use of weapons against civil aircraft in flight”.
The ICAO Council will now consider what form of reparation is in order, with Dutch Foreign Minister Caspar Veldkamp hailing the decision which favoured the Netherlands and Australia.
Foreign Minister Penny Wong issued a statement on Tuesday morning, vowing to pursue justice for those who called Australia home.
“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,” Ms Wong said.
“In reaching its decision, the ICAO Council has upheld the fundamental principle that weapons should not be used against civil aircraft.”
Ms Wong said the Albanese government welcomed the ICAO Council’s decision and called on Russia to “finally face up” for the “egregious” and “horrific act of violence”.
“Our thoughts remain with those who lost their lives as a result of Russia’s actions, their families and loved ones,” Ms Wong 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.”
The ICAO Council, which is based in Montreal and sets global aviation rules followed by 193 member states, is not equipped with enforcement powers, but has considerable diplomatic sway.
The Council is yet to release a public statement on the ruling.
