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ICAO Rules Russia Responsible for MH17 Downing, Citing Violation of Aviation Law
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![Photo of Liubava Petriv]( "Photo of Liubava Petriv")
On May 12, the Council of the International Civil Aviation Organization (ICAO) has ruled that the Russian Federation bears responsibility for the downing of Malaysia Airlines Flight MH17 and violated the Chicago Convention through the unlawful use of force against a civilian aircraft.
This decision, announced in Montreal, follows a case brought by the Netherlands and Australia in 2022 concerning the July 17, 2014, incident .
According to the Dutch government’s official portal, the ICAO Council’s decision supports the positions held by both countries.
“The Council of the International Civil Aviation Organization (ICAO) in Montreal on Monday ruled that the Russian Federation is responsible for the downing of flight MH17, thereby violating the Chicago Convention on International Civil Aviation. This decision was taken as part of the case initiated by the Netherlands and Australia in 2022 against the Russian Federation over the downing of flight MH17 on 17 July 2014. The decision confirms that the Netherlands and Australia were right,” the statement said.
Dutch Foreign Minister Caspar Veldkamp commented on the ruling: “I am pleased with the ICAO Council’s decision, primarily for the sake of the relatives of the victims of flight MH17. This decision cannot ease their grief and pain, but it is an important step toward establishing the truth, justice, and accountability for all the victims and their loved ones. Moreover, this decision sends a clear message to the international community that states cannot violate international law without consequences.”
The ICAO Council is expected to consider legal steps for redress in the coming weeks. The Netherlands and Australia are calling on ICAO to obligate the Russian Federation to engage in negotiations and to support this process to ensure the talks are conducted in good faith, within set deadlines, and lead to concrete results.
The decision was reached through a vote by ICAO Council members, with a majority supporting the position of the Netherlands and Australia.
ICAO is a specialized UN agency with 193 member countries. Under the Chicago Convention, member states are prohibited from using weapons against civilian aircraft in flight. The ICAO Council has the authority to determine whether a state has breached the Convention.
Dutch Prime Minister Dick Schoof also commented on the ICAO Council’s ruling, describing it as an important step in the pursuit of justice.
“A significant decision that brings us a bit closer to justice for what happened to flight MH17. Nothing can silence the pain of the victims’ families, but we will continue to seek the truth and hold Russia accountable for this injustice by all possible means,” Schoof wrote on X.
On November 17, 2022, The Hague District Court found former FSB officer Igor Girkin (also known as Strelkov), Russian military intelligence general Sergey Dubinsky, and Ukrainian citizen Leonid Kharchenko—who was aligned with the self-proclaimed “Donetsk People’s Republic” (DPR)—guilty in connection with the downing of Malaysia Airlines Flight MH17 and the deaths of 298 people.
The court sentenced all three to life imprisonment and ordered them to pay €16 million (approximately $17 million USD) in compensation. A fourth defendant, GRU lieutenant colonel Oleg Pulatov, was acquitted. The case was heard under Dutch law.
An international investigative team concluded that the aircraft was hit by a missile from a Buk surface-to-air missile system belonging to the 53rd Anti-Aircraft Missile Brigade of the Russian Armed Forces, stationed in Kursk.
Previously, it was reported that Azerbaijan is preparing to file a lawsuit in an International Criminal Court against Russia over the downing of an AZAL passenger plane near Aktau, cities MH17 parallels.
