UN aviation agency finds Russia responsible for 2014 downing of airliner over Ukraine

Australia and the Netherlands quickly called for Russia to assume responsibility for the downing and pay damages. Photo / Dominique Faget, AFP

The UN aviation agency blames Russia for the downing of a Malaysian jetliner over Ukraine in 2014, leading to the deaths of 298 people.

Australia and the Netherlands, the countries with most fatalities in the tragedy, quickly called for Russia to assume responsibility for the downing and pay damages.

The International Civil Aviation Organization (ICAO), based in Montreal, said claims brought by Australia and the Netherlands over the shooting down of Flight MH17 on July 17 of that year were “well-founded in fact and in law”.

“The Russian Federation failed to uphold its obligations under international air law in the 2014 downing of Malaysia Airlines Flight MH17,” the agency said in a statement issued on Monday evening.

The ICAO said this was the first time in its history that its council has made a determination on the merits of a dispute between member states.

On July 17, 2014 the Malaysia Airlines Boeing 777 - en route from Amsterdam to Kuala Lumpur - was hit by a Russian-made BUK surface-to-air missile over eastern Ukraine’s Donetsk region, where pro-Russian separatist rebels were battling Ukrainian forces.

Dutch nationals accounted for two-thirds of the dead, along with 38 Australians and about 30 Malaysians, with many victims having dual nationalities.

Then-Ukrainian President Petro Poroshenko called it a “terrorist act”.

Pro-Russian rebels in the area claimed the airliner was shot down by a Ukrainian military jet. Russian President Vladimir Putin said Ukraine “bears responsibility”.

The following day, then United States president Barack Obama said a missile fired from separatist-held territory was to blame and the rebels would not have been able to hit the airliner without Russian support.

In 2022, a Dutch court sentenced three men to life in prison over the downing, among them two Russians, but Russia refused to extradite them.

Russia has consistently denied any involvement in the tragedy.

In 2023, a team of international investigators from the Netherlands, Australia, Malaysia, Belgium and Ukraine said there were “strong indications” that Putin had approved the supplying of the missile that down the jetliner.

Last year investigators suspended their probe of the downing, saying there was not enough evidence to identify more suspects.

Ukraine’s Foreign Minister Andrii Sybiha celebrated the ICAO decision, writing in a statement on X: “This is one more step toward restoring justice for this crime”.

“And a clear message: no matter how much money and effort Russia put into lying to conceal its crimes, the truth wins out, and justice prevails.”

The governments of Australia and the Netherlands also welcomed the UN agency’s decision and pressed for action against Russia.

“This is a historic moment in the pursuit of truth, justice and accountability for the victims of the downing of Flight MH17, and their families and loved ones,” the Australian government said in a statement.

It called on the agency to “move swiftly to determine remedies” for Russia’s violation of international law.

“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,” the statement added.

Dutch Foreign Minister Caspar Veldkamp said: “The decision cannot take away their grief and suffering, but it is an important step towards truth-finding, justice and accountability for all victims of flight MH17 and their relatives”.

The minister said that in the coming weeks, the ICAO council “will consider the manner in which legal redress should take place”.

Australia and the Netherlands want the council to make Russia enter into negotiations with them and to supervise the process, the minister said.

-Agence France-Presse