MH17: Australia and the Netherlands launch legal action against Russia for 2014 downing of Malaysia Airlines flight

Debris from Malaysia Airlines Flight MH17 is shown smouldering in a field on July 17, 2014, in Grabovo, Ukraine, near the Russian border. Photo / Getty Images

Australia and the Netherlands have initiated legal action against Russia for the downing of Malaysia Airlines flight MH17, in what's been described as a "major step forward" in the fight for truth and justice.

Australian Prime Minister Scott Morrison said the unprovoked and unjustified invasion of Ukraine underscored the need to continue to hold Russia to account.

In a joint statement with Foreign Minister Marise Payne and Attorney-General Michaelia Cash on Monday evening, it was announced Australia and the Netherlands had jointly begun legal proceedings against the Russian Federation in the International Civil Aviation Organisation.

"We have maintained since May 2018 that the Russian Federation is responsible under international law for the downing of Flight MH17," the statement said.

"Today's joint action by Australia and the Netherlands is a major step forward in both countries' fight for truth, justice and accountability for this horrific act of violence, which claimed the lives of 298 victims, 38 of whom called Australia home."

In October 2020, Russia unilaterally withdrew from negotiations with Australia and the Netherlands regarding Flight MH17, refusing to return to the negotiating table despite repeated requests.

"The Russian Federation's refusal to take responsibility for its role in the downing of Flight MH17 is unacceptable and the Australian government has always said that it will not exclude any legal options in our pursuit of justice," the statement said.

"Russia's unprovoked and unjustified invasion of Ukraine and the escalation of its aggression underscores the need to continue our enduring efforts to hold Russia to account for its blatant violation of international law and the UN Charter, including threats to Ukraine's sovereignty and airspace.

The joint action by Australia and the Netherlands under Article 84 of the Convention on International Civil Aviation will rely on overwhelming evidence that:

• The doomed Malaysia Airlines flight was shot down by a Russian Buk-Telar surface-to-air missile system

• The missile system was transported from Russia to an agricultural field in the east of Ukraine on the morning of July 17, 2014 – an area under the control of Russian-backed separatists

• The missile system belonged to the Russian Federation's 53rd Anti-Aircraft Military Brigade, and was accompanied by a trained Russian military crew

• The Buk-Telar fired the missile that shot down Flight MH17

• The missile could only have been fired by the trained Russian crew of the Buk-Telar, or at least by someone acting under their instruction, direction or control

• The Buk missile system was returned to the Russian Federation shortly after the downing of Flight MH17

"While we cannot take away the grief of those whose loved ones died as a result of Russia's actions, the Australian government will pursue every available avenue to ensure Russia is held to account so that this horrific act never happens again," the joint statement said.

This legal action is in addition to the Dutch national prosecution of four suspects for their individual criminal responsibility in the downing of Flight MH17.

Prosecutors have called for life sentences for Russians Igor Girkin, Sergey Dubinsky and Igor Pulatov, as well as Ukrainian Leonid Kharchenko, who are being tried in absentia.

They were officials in the pro-Russian Donetsk People's Republic fighting for independence from Ukraine.

Earlier on Monday, Senator Payne announced fresh sanctions would be slapped on 33 Russian oligarchs and some of their wives and children due to the war in Ukraine.

Among them is Chelsea Football Club owner Roman Abramovich.