Russia is responsible for the 2014 downing of Malaysia Airlines Flight MH17 and has violated international civil aviation agreements, the Council of the International Civil Aviation Organization (ICAO) ruled this week. The ruling follows a complaint filed by the Netherlands and Australia and was confirmed by the Dutch Ministry of Foreign Affairs.
Flight MH17 was shot down by pro-Russian separatists over eastern Ukraine on July 17, 2014. All 298 people on board, including 196 Dutch nationals and 38 Australians, were killed. The aircraft had been en route from Amsterdam to Kuala Lumpur when it was struck by a Russian surface-to-air missile over territory controlled by separatists. In the Netherlands, the names of all 298 victims are read aloud annually on July 17, followed by two minutes of silence in their memory.
The ICAO, a United Nations agency, reached its decision through a vote among member states on Monday. The council concluded that Russia breached the Chicago Convention, which forbids signatory states from using weapons against civilian aircraft. The convention, signed by all 193 ICAO member states, is considered a cornerstone of international civil aviation law.
The Dutch Foreign Minister, Caspar Veldkamp, described the ICAO decision as an important step forward. “The decision cannot take away the grief and suffering, but it is a significant step toward truth, justice, and accountability for all the victims of Flight MH17 and their relatives,” said the minister.
Prime Minister Dick Schoof also responded to the ruling, calling it a critical development in the long search for justice. “Nothing can take away the sorrow of the bereaved, but we will continue our pursuit of truth and do everything in our power to hold Russia accountable for this injustice,” he stated on X, formerly Twitter.
The ICAO council will now examine what actions Russia must take to achieve legal redress. The Netherlands and Australia have asked the council to require Russia to enter negotiations with both countries, under ICAO supervision, to address the matter of accountability and reparations.
According to the Dutch government, the decision to bring the case before ICAO was unrelated to Russia’s 2022 invasion of Ukraine. The formal complaint stemmed from Russia’s withdrawal from earlier negotiations with the Netherlands and Australia, after both nations had held Moscow responsible for the downing of the aircraft.
In 2022, the court in The Hague convicted three individuals in absentia for their roles in the incident: Igor Girkin, a Russian rebel leader; Sergej Doebinski, his deputy; and Leonid Chartsjenko, a Ukrainian field commander. All were sentenced to life in prison, but none have been extradited by Russia, and none have served their sentences. A fourth suspect was acquitted due to a lack of evidence.
The MH17 Truth Finding Working Group welcomed the ICAO ruling. “This is a powerful signal to Russia to take responsibility for its actions. It is exactly what we have been demanding from Russia for years,” the organization said. It also called on the ICAO to continue pressing member states to adopt and enforce measures that prevent future attacks on civilian aviation.
