Australia and the Netherlands launch legal action against Russia over downing of flight MH17

Australia and the Netherlands have taken legal action against Russia through the International Civil Aviation Organization for the downing of Malaysia Airlines flight MH17. The legal action could force Russia into negotiations with the two countries (currently stalled), and could also result in sanctions by the United Nations-linked organisation that is responsible for administering international aviation law.

Australia and the Netherlands are seeking compensation and an apology from the Russian Federation for the MH17 disaster that killed 298 people, when it was shot down over Ukraine in 2014.

However, Russia, which has denied any involvement despite the findings of an international investigation, unilaterally withdrew from negotiations with the two countries in October 2020.

Australian Foreign Minister Marise Payne and Attorney General Michaelia Cash announced on Monday that Australia would launch joint action with the Netherlands under Article 84 of the Convention on Civil Aviation international community, and alleges that Russia violates the Chicago Convention that underpins aviation law.

“The Russian Federation’s refusal to take responsibility for its role in the downing of MH17 is unacceptable and the Australian government has consistently said it will not rule out any legal options in our pursuit of justice,” Payne said in a statement ahead of Monday night’s announcement in Sydney.

Australia and the Netherlands will rely on what they say is ‘overwhelming evidence‘ that the flight was shot down by a Russian Buk-TELAR surface-to-air missile system, which was flown from Russia to an agricultural field in eastern Ukraine on the morning of 17 July 2014. At the time, the region was under the control of Russian-backed separatists.

The two countries will also present evidence that the missile system belonged to the 53rd military anti-aircraft brigade of the Russian Federation and was accompanied by a trained Russian military crew.

Only the trained Russian crew of the Buk-TELAR, or someone acting under their instructions, direction or control, could have launched the missile system, which was returned to the Russian Federation shortly after the downing of flight MH17.

The legal action adds to Dutch national lawsuits against four suspects for their individual criminal responsibility in the robbery attack: three Russians, Igor Girkin, Sergey Dubinskiy, Oleg Pulatov and a Ukrainian, Leonid Kharchenko.

An international investigation found that the men did not “press the button” on the missile system themselves, but brought the anti-aircraft system to eastern Ukraine and were the link between the People’s Republic Donetsk separatist backed by Russia.

In the statement, Payne said the Russian Federation must be held accountable for its violations of international law, particularly in light of the invasion of Ukraine.

Australia and the Netherlands informed the Russian Federation in 2018 that the two countries held Russia responsible under international law for its role in the downing of MH17, despite repeated denials from the Kremlin.