Melbourne, Australia (AP) – The International Civil Aviation Agency Council on Tuesday found its responsibility to repel Malaysia Airlines Flight 17, which lost 298 lives more than a decade ago.
A Dutch-led international investigation concluded that on July 17, 2016, Lumpur passenger planes from Amsterdam to Kuala were shot down from Ukrainian territory held by separatist rebels using book missile systems delivered from Russia. Moscow has denied involvement in the tragedy of MH17.
The Dutch and Australian governments filed a lawsuit against Moscow in 2022 before the Moscow-based Global Aviation Authority, and welcomed the verdict on Tuesday.
The International Court of Justice was not an option as Russia does not recognize the jurisdiction of the Netherlands-based court.
Council found Russia violated the Chicago Convention
The council found that Russia is violating the International Civil Aviation Treaty known as the Chicago Treaty.
This is the first time a council representing 193 member states has decided to make a conflict between governments.
Dutch Foreign Minister Caspar Veldkamp said the council will consider the issue of compensation within weeks.
“In that context, the Netherlands and Australia have ordered the ICAO Council to enter into negotiations with the Netherlands and Australia, and require the Council to facilitate this process,” Weldkamp said in a statement.
“The latter is important to ensure that negotiations are conducted in good faith, according to a specific timeline and that actual results are obtained,” he added.
Australia’s Foreign Minister Penny Wong urged the council to move quickly to “determine a relief package.”
“We call on Russia to face liability for the horrifying conduct of violence and to compensate for the terrible conduct required under international law,” Wong said in a statement.
The Russian Embassy does not respond
The Russian Embassy in Australia did not immediately respond to a request for comment Tuesday.
Don Rothwell, an international law expert at the Australian National University, said the council has not yet made the reasons for its decision.
“One outcome of this process is that the council will make the recommendation that Russia will pay what is called reparations, perhaps as a result of Russia’s violation of international law.
“So we have to look at exactly what the council found at that particular point,” Rothwell added.
