Global aviation council finds Russia responsible for downing MH17 over Ukraine in 2014

MELBOURNE – The Council of the International Civil Aviation Organization on Tuesday found Russia responsible for shooting down Malaysia Airlines Flight 17 over Ukraine with the loss of 298 lives more than a decade ago, in a ruling that raises the prospect of victims’ families being paid compensation.

Russia has rejected the findings.

A Dutch-led international investigation concluded in 2016 that the Amsterdam-to-Kuala Lumpur airliner was shot down on July 17, 2014, from Ukrainian territory held by separatist rebels using a Buk missile system delivered from Russia. Moscow denies any involvement in the MH17 tragedy.

The Netherlands and Australian governments brought the case against Moscow before the Montreal-based global aviation agency in 2022, and on Tuesday welcomed the verdict.

Council finds that Russia violated the Chicago Convention

The council found that Russia had violated the Convention on International Civil Aviation, known as the Chicago Convention, which requires that states “refrain from resorting to the use of weapons against civil aircraft in flight.”

It's the first time that the council, which represents 193 member states, has decided a dispute between governments.

Dutch Foreign Minister Caspar Veldkamp said that the council would consider the question of reparations within weeks.

“In that context, the Netherlands and Australia are requesting that the ICAO Council order the Russian Federation to enter into negotiations with the Netherlands and Australia, and that the Council facilitate this process,” Veldkamp said in a statement.

“The latter is important in order to ensure that the negotiations are conducted in good faith and according to specific timelines, and that they will yield actual results,” he added.

Dutch father Thomas Schansman, who lost his son in the disaster, said the ICAO decision makes it clear Russia was responsible for the tragedy and could lead to compensation, but that he and other relatives mostly want the country to acknowledge its culpability.

“Money cannot buy anything back,” he told The Associated Press.

Australian Foreign Minister Penny Wong urged the council to move swiftly to “determine remedies.”

“We call on Russia to finally face up to its responsibility for its horrific act of violence and make reparations for its egregious conduct, as required under international law,” Wong said in a statement.

Russia rejects the council's findings

Speaking to journalists Tuesday, the Kremlin rejected the investigation’s results as “biased.”

“Russia did not take part in the investigation of this incident and therefore we will not accept these biased conclusions,” said Kremlin spokesperson Dmitry Peskov.

Australian National University international law expert Don Rothwell said that the council had yet to publish the reasons for its decisions.

“One of the consequences for this process will be that the council will probably make some recommendations that Russia pay what are called reparations, which is an international term for damages, as a result of its violation of international law,” Rothwell said.

“So we have to wait and see exactly what the council finds on that particular point,” Rothwell added.