Australia and the Netherlands on Monday initiated legal proceedings with the International Civil Aviation Organization (ICAO) against the Russian Federation for the downing of Malaysia Airlines Flight MH17 in 2014. The countries have maintained since May 2018 that Russia carries responsibility for shooting down the Boeing 777-200ER while it flew over eastern Ukraine, killing all 283 passengers and 15 crewmembers.
In a statement, the Australian Ministry for Foreign Affairs called the joint action with the Netherlands “a major step forward in both countries' fight for truth, justice, and accountability for this horrific act of violence.” Thirty-eight of the victims were Australian nationals.
The countries said they would rely on “overwhelming evidence” that a Russian crew accompanied a Russian-made Buk-TELAR surface-to-air missile system transported from Russia to an agricultural field in eastern Ukraine—in an area controlled by Russian separatists—on the morning of July 17, 2014. The missile system belonged to the Russian Federation's 53rd Anti-Aircraft Military Brigade, and only a trained Russian crew of that type of system—or at least someone acting under their instruction, direction, or control—could have fired it. The Buk missile system returned to the Russian Federation shortly after the downing of Flight MH17.
In October 2020, Russia unilaterally withdrew from negotiations with Australia and the Netherlands regarding the downing of Flight MH17 and refused to return to negotiations despite repeated requests by Australia and the Netherlands.
“The Russian Federation's refusal to take responsibility for its role in the downing of Flight MH17 is unacceptable and the Australian government has always said that it will not exclude any legal options in our pursuit of justice,” said the ministry statement, adding that the current conflict in Ukraine supports the calls to hold Russia accountable.
Monday’s joint action under Article 84 of the Convention on International Civil Aviation comes in addition to the Dutch national prosecution of four suspects for their individual criminal responsibility in the downing of the airliner.
“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,” the ministry concluded.