The Council of the International Civil Aviation Organization (ICAO) found that Russia failed in its obligation to uphold international air law concerning the 2014 shoot-down of Malaysian Airlines flight MH17 in a historic vote on Monday.
The vote was particularly important as it marked the first time in the history of the ICAO, a UN specialized agency, that a determination was made “on the merits of a dispute” between member states under the ICAO’s dispute settlement mechanism. Following the downing of the plane, a joint investigation was launched by the Netherlands, Australia, Malaysia, Belgium, and Ukraine.
The states concluded that the Russian Federation had breached Article 3bis of the Convention on International Civil Aviation, which protects civil aircraft from the use of weapons. The ICAO was of the view that the investigation and the subsequent claims brought by Australia and the Netherlands were “well founded in fact and in law.”
Flight MH17 was traveling from Amsterdam to Malaysia when it was shot down, contrary to international law, by a Buk surface-to-air missile while flying in eastern Ukraine airspace. Eastern Ukraine was embroiled in conflict between armed pro-Russian rebels and Ukrainian military forces at the time of the incident. All 298 passengers and crew were killed.
The UK welcomed the decision, commending the ICAO Council for upholding respect for international aviation laws. It said:
Through this decision, the ICAO Council upholds respect for the Convention on International Civil Aviation and sets out important expectations in relation to the obligations on States to create safer skies and, moreover, that those who violate the rules set out under this Convention will be held to account.
Netherlands Foreign Minister Caspar Veldkamp noted that the decision will help bring justice to families of the victims of the crash, adding that it “also sends a clear message to the international community: states cannot violate international law with impunity.”
The Netherlands outlined further steps, stating that the ICAO will consider appropriate reparations in the near future, and requested that the Council facilitate negotiations between Russia, the Netherlands, and Australia.