United Nations aviation agency has ruled that Russia was responsible for the downing of a Malaysian airliner over Ukraine in 2014.

“The Council of the International Civil Aviation Organization (ICAO) today voted that the Russian Federation failed to uphold its obligations under international air law in the 2014 downing of Malaysia Airlines Flight MH17,” said the agency in a statement.

Malaysia Airlines Flight MH17 was shot down over eastern Ukraine on July 17, 2014, killing all 298 people on board. The aircraft was travelling from Amsterdam to Kuala Lumpur when it was struck down by a surface-to-air missile over the Donbas region of Ukraine, during a conflict between pro-Russian rebels and Ukrainian forces.

Investigations by the Joint Investigation Team (JIT), led by the Netherlands, concluded that the missile system used was a Russian-made Buk launcher belonging to Russia's 53rd Anti-Aircraft Missile Brigade, based in Kursk.

With 38 Australian citizens and 196 Dutch citizens on board the aircraft when it was downed, the two governments called on Russia to take responsibility for the incident and pay damages. However, Russia has consistently denied any involvement in the downing of the plane, despite mounting evidence presented by investigators.

The Council agreed that the claims brought by Australia and the Netherlands as a result of the shooting down of Flight MH17 on 17 July 2014, were well founded in fact and in law. The case was brought to the UN in 2022 by the Australian and Dutch governments. 

“The case centered on allegations that the conduct of the Russian Federation in the downing of the aircraft by a surface-to-air missile over eastern Ukraine constitutes a breach of Article 3 bis of the Convention on International Civil Aviation, which requires that States "refrain from resorting to the use of weapons against civil aircraft in flight," ICAO stated.

This represents the first time in ICAO’s history that its Council has made a determination on the merits of a dispute between Member States under the Organization’s dispute settlement mechanism.

The International Civil Aviation Organization (ICAO), a UN specialized agency, governs international air travel and investigates violations of aviation law adopted by its 193 member states. It doesn’t conduct criminal investigations like the JIT, but it can determine whether a member state has breached international civil aviation obligations, such as those under the Chicago Convention or Article 3, which prohibits the use of weapons against civil aircraft in flight.

In reaction to the ruling, Dutch Foreign Minister Caspar Veldkamp said in a statement that it was an important step towards establishing the truth and achieving justice.

“This decision also sends a clear message to the international community: States cannot violate international law with impunity,” he said.

On the same note, Australia’s foreign minister Penny Wong said, “We call upon Russia to finally face up to its responsibility for this horrific act of violence and make reparations for its egregious conduct.”

Meanwhile, the accused has rejected the aviation body’s findings: “Russia was not a country that participated in the investigation of this incident. Therefore, we do not accept all these biased conclusions,” Dmitry Peskov, the spokesman.

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