The International Civil Aviation Organization (ICAO) has concluded that Russia is culpable in the downing of Malaysia Airlines Flight MH17. A Russian surface-to-air missile brought down the airliner as it flew over eastern Ukraine in July 2014. This awful event resulted in the deaths of 298 individuals, including 196 citizens of the Netherlands and 38 citizens or permanent residents of Australia. The ICAO’s ruling has prompted renewed calls for Russia to compensate the victims’ families and enter into negotiations regarding reparations.
Flight MH17 was flying from Amsterdam to Kuala Lumpur when it was hit by the missile. A large-scale international, independent investigation found compelling evidence that Russian President Vladimir Putin personally approved the delivery of that missile. This specific missile was the type used in the attack earlier this month. During this time, Russia has repeatedly and systematically denied all responsibility in the incident.
In October 2020, Russia withdrew from negotiations with Australia and the Netherlands over the catastrophe without any warning or explanation. In 2022, Australia and the Netherlands set an example by formally commencing legal action against Russia at the ICAO. Responding to the withdrawal, they demanded accountability for the attack that killed them. Numerous independent NGO investigators, aided by a team of international investigators, bolstered these claims, notably illustrating the use of Russian military assets in the tragedy.
In November 2022, Dutch judges found two Russian nationals and one Ukrainian national guilty. They convicted them of murder for their part in destroying Flight MH17. In response to this ruling, Moscow has referred to the judgement as “scandalous” and refused to extradite its citizens. Now the governments of Australia and the Netherlands are following suit. They are calling on the ICAO Council to set proper reparations for the victims’ families.
Penny Wong, Australia’s foreign minister, has welcomed the ICAO’s decision and called for speedy action.
“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.” – Penny Wong
The ICAO, based in Montreal, plays a crucial role in setting global aviation standards adopted by its 193 member nations. But as a convenor without regulatory teeth, how meaningfully can it enforce reparations? Next, the Council will need to decide what kind of compensation is appropriate given these findings.
Caspar Veldkamp, an attorney for the victims’ families, said he hoped the ruling would clear the path for them to receive overdue justice.
“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.” – Caspar Veldkamp
Veldkamp further insisted on the necessity of accountability.
“States cannot violate international law with impunity.” – Caspar Veldkamp