The Netherlands and Australia brought the case against Russia before the Montreal-based global aviation agency in 2022.
ADVERTISEMENTThe United Nation's aviation agency has found Russia guilty of downing the Malaysia Airlines Flight 17 while it flew over Ukraine in July 2014.
A total of 298 passengers onboard the Amsterdam-to-Kuala Lumpur flight were killed in the incident, which included 196 Dutch citizens and 38 Australian citizens or residents.
The Netherlands and Australian governments brought the case against Moscow before the Montreal-based global aviation agency in 2022. They could not bring it to the International Court of Justice, as Russia doesn't recognise this body's jurisdiction.
In 2016 a Dutch-led international investigation concluded that the aircraft — which was shot down from Ukrainian territory held by separatist rebels — was shot down with a Buk missile system delivered from Russia.
Council finds that Russia violated the Chicago Convention
The council found that Russia had violated the Convention on International Civil Aviation, known as the Chicago Convention, which requires that states “refrain from resorting to the use of weapons against civil aircraft in flight.”
It's the first time that the council, which represents 193 member states, has decided a dispute between governments.
Dutch Foreign Minister Caspar Veldkamp said that the council would consider the question of reparations within weeks.
“In that context, the Netherlands and Australia are requesting that the ICAO Council order the Russian Federation to enter into negotiations with the Netherlands and Australia, and that the Council facilitate this process,” Veldkamp said in a statement.
“The latter is important in order to ensure that the negotiations are conducted in good faith and according to specific timelines, and that they will yield actual results,” he added.
Australian Foreign Minister Penny Wong urged the council to move swiftly to “determine remedies.”
“We call on Russia to finally face up to its responsibility for its horrific act of violence and make reparations for its egregious conduct, as required under international law,” Wong said in a statement.
Russian Embassy doesn't respond
The Russian Embassy in Australia didn't immediately respond to a request for comment on Tuesday.
Australian National University international law expert Don Rothwell said that the council had yet to publish the reasons for its decisions.
“One of the consequences for this process will be that the council will probably make some recommendations that Russia pay what are called reparations, which is an international term for damages, as a result of its violation of international law,” Rothwell said.
“So we have to wait and see exactly what the council finds on that particular point,” Rothwell added.