Melbourne, Australia – The Council of the International Civil Aviation Organization revealed on Tuesday Russia responsible for the abandonment of the abandonment of Malaysia Airlines over Ukraine with the loss of 298 lives more than ten years ago, in a decision which raises the prospect of the remuneration of the families of the victims.
An international survey led by the Dutch concluded in 2016 that the Amsterdam-to-Kuala Lumpur airliner was shot down on July 17, 2014 of the Ukrainian territory held by separatist rebels using a Buk missile system delivered from Russia. Moscow denies any involvement in the MH17 tragedy.
The Netherlands and Australian governments brought the case against Moscow before the Global Aviation Agency in Montreal in 2022, and Tuesday welcomed the verdict.
The International Court of Justice was not an option, because Russia does not recognize the Hague, the court of the Netherlands court.
The Council noted that Russia had violated the International Civil Aviation Convention, known as the Chicago Convention, which requires states “refrain from using the use of weapons against civilian aircraft in flight”.
This is the first time that the Council, which has represented 193 Member States, has decided on a dispute between governments.
Dutch Foreign Minister Caspar Veldkamp said that the Council would examine the question of repairs in a few weeks.
“In this context, the Netherlands and Australia ask that the OACI Council orders the Russian Federation to conclude negotiations with the Netherlands and Australia, and that the Council facilitates this process,” said Veldkamp in a statement.
“The latter is important to ensure that negotiations are carried out in good faith and according to specific deadlines, and that they would give real results,” he added.
Australian Foreign Minister Penny Wong urged the Council to move quickly to “determine the remedies”.
“We call on Russia to finally face its responsibility for its horrible act of violence and to repair its blatant conduct, as required by international law,” Wong said in a statement.
The Russian Embassy in Australia did not immediately respond to a request for comments on Tuesday.
Don Rothwell, an expert in international law at the Australian National University, said that the Council had not yet published the reasons for its decisions.
“One of the consequences of this process will be that the Council will probably make recommendations that Russia pays what is called repairs, which is an international term for damages, because of its violation of international law,” said Rothwell.
“So we have to wait and see exactly what the council finds on this particular point,” added Rothwell.
