Toronto/The Hague/Bangkok, May 12 (EFE).- The council of the International Civil Aviation Organization (ICAO) on Monday night held Russia responsible for the downing of Malaysia Airlines Flight MH17, the first time in history that the United Nations body has issued such a ruling.
A statement released by the Montreal-based ICAO, a specialized agency of the UN with 193 member states, said that its council voted that “the Russian Federation failed to uphold its obligations under international air law in the 2014 downing of Malaysia Airlines Flight MH17.”
“This represents the first time in ICAO’s history that its Council has made a determination on the merits of a dispute between Member States under the Organization’s dispute settlement mechanism,” the statement added.
Australia and the Netherlands had initiated the case with the ICAO over the plane, which was shot down by a surface-to-air missile as it flew over Ukraine in 2014, killing all 298 people on board, including 196 Dutch nationals and 38 Australians.
The downing was carried out by pro-Russian separatists from the self-proclaimed Donetsk People’s Republic (DPR) using a Russian-supplied Buk anti-aircraft system.
Canberra and The Hague argued that the incident violated the Convention on International Civil Aviation, which says States may not use weapons against civil aircraft in flight.
Monday’s decision was applauded by the two countries’ governments, which highlighted the ruling’s significance.
“This is a historic moment in the search for truth, justice, and ability for the victims of the downing of Flight MH17, their families, and loved ones,” Australian Foreign Minister Penny Wong said in a statement.
“The Australian Government welcomes the ICAO Council’s decision and urges it to move swiftly to determine remedies for this violation. 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.”
Dutch Prime Minister Dick Schoof said the move was a “significant decision that brings us a little closer to justice.”
“Nothing can erase the grief of the victims’ loved ones, but we will continue working to establish the truth and to call Russia to for this injustice in every possible way.”
In the coming weeks the ICAO Council will consider what form of reparation is in order and the Netherlands and Australia want the body to order Russia to enter into negotiations for this, the Dutch government said.
The ICAO said that at a future meeting it will issue a formal decision “setting out the reasons of fact and law leading to the Council’s conclusions.”
In November 2022, a Dutch court sentenced in absentia former Russian intelligence agents Igor Girkin and Sergey Dubinsky and Ukrainian separatist leader Leonid Kharchenko to life imprisonment for the murder of all onboard MH17, which was flying from Amsterdam to Kuala Lumpur.
Despite the court decision, Russia, which rejects the sentences, refuses to extradite those convicted.
In 2023, a t team of international investigators said Russia’s President Vladimir Putin likely personally authorized the supply of the Buk missile system that shot down the plane to separatists in Ukraine.
However, prosecutors said the evidence on the involvement of Putin and other Russian officials was not conclusive enough to lead to a criminal conviction.
Russia has denied responsibility and accused the West of waging a disinformation campaign. EFE
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