The United Nations aviation council has concluded Russia was responsible for the downing of a Malaysian airliner over Ukraine in 2014, with the deaths of 298 passengers and crew, including 38 Australian citizens or residents, the Dutch and Australian governments say.
In a statement, Dutch authorities said the council of the International Civil Aviation Organization (ICAO) would, in the coming weeks, consider what form of reparation was in order.
The Australian government urged the council to move swiftly to determine remedies.
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, as required under international law.”
“Our thoughts remain with those who lost their lives as a result of Russia’s actions, their families and loved ones,” she said.
“While we cannot take away the grief of those left behind, we will continue to stand with them in that grief and pursue justice for this horrific act,” Wong said.
Malaysian Airlines Flight MH17 departed from Amsterdam for Kuala Lumpur on 17 July 2014 and was shot down over eastern Ukraine as fighting raged between pro-Russian separatists and Ukrainian forces.
In November 2022, Dutch judges convicted two Russian men and a Ukrainian man in absentia of murder for their role in the attack.
The Russian government called the ruling “scandalous” and said it would not extradite its citizens.
The ICAO, which is based in Montreal, did not immediately respond to a request for comment.
The case was launched in 2022 by Australia and the Netherlands.
Dutch foreign minister Caspar Veldkamp said in a statement: “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.”
“This decision also sends a clear message to the international community: states cannot violate international law with impunity,” Veldkamp said.
The Netherlands and Australia want the ICAO council to order Russia to enter into negotiations over reparations, he said.
ICAO lacks regulatory power but holds moral suasion and sets global aviation standards overwhelmingly adopted by its 193-member states.
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