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Russia Appeals Ruling Holding It Responsible for MH17 Downing That Killed 298

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Russia Appeals Ruling Holding It Responsible for MH17 Downing That Killed 298
Presiding judge Hendrik Steenhuis (R) points as he and other trial judges and lawyers stand next to the reconstructed wreckage of Malaysia Airlines Flight MH17, at the Gilze-Rijen military airbase, Netherlands, on May 26, 2021. (Source: Getty Images)

Russia has filed an appeal with the International Court of Justice over a ruling that held Moscow responsible for the 2014 downing of a Malaysian Airlines jet, which killed 298 people, the court said September 20, as reported by The Moscow Times.

Australia and the Netherlands—nations with the highest number of casualties in that tragedy—had brought the case, seeking to hold Russia accountable and secure reparations.

International investigators determined that Malaysia Airlines Flight MH17 was downed by a Buk M1 surface-to-air missile fired from territory held by Russian-backed forces in occupied Donetsk, with the system itself supplied by Russia. The self-proclaimed Donetsk People’s Republic  at first claimed responsibility before later retracting the statement.

In May, the International Civil Aviation Organization (ICAO) found the case against Russia to be “well founded in fact and in law.”

On November 17, 2022, the Hague District Court found former Russian military officer Igor Girkin, ex-military intelligence officer Sergey Dubinsky, and Russian-backed commander Leonid Kharchenko guilty in absentia, sentencing all three to life in prison and issuing arrest warrants for their involvement in the attack, but Russia has refused to extradite them.

Russia’s appeal, filed September 19, argues that the ICAO misinterpreted the 1944 Chicago Convention on international aviation. Moscow claims the convention does not apply during armed conflict and that the tribunal ignored evidence provided by the Russian Federation.

On May 12, the Council of the 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.

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The Donetsk People's Republic (DPR) is a separatist quasi-state entity located in Ukraine's Donetsk region. It was declared in 2014 by armed groups under the control and support of Russia. All UN member states, except for Russia, North Korea, and Syria, regard the territory claimed by the DPR as an integral part of Ukraine.

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