ICAO Rules Russia Responsible for Downing of Flight MH17

The Council of the International Civil Aviation Organisation (ICAO) has formally concluded that the Russian Federation bears responsibility for the downing of Malaysia Airlines Flight MH17 in July 2014.

The decision, delivered on Monday 12 May 2025, states that Russia’s actions constituted a breach of the Convention on International Civil Aviation.

The ruling follows a formal dispute initiated by the Netherlands and Australia in March 2022, which alleged that Russia was in violation of international aviation law following the destruction of the civilian airliner over eastern Ukraine. MH17 was en route from Amsterdam to Kuala Lumpur when it was shot down on 17 July 2014, killing all 298 people on board, the majority of whom were Dutch nationals.

According to a statement issued by the Dutch Ministry of Foreign Affairs, a “significant majority” of ICAO Council members voted in favour of the position taken by the Netherlands and Australia. The decision marks a key step in a lengthy process of seeking international accountability for the incident.

The ICAO Council’s next task will be to determine the form of reparation that the Russian Federation must provide. The organisation is expected to direct Moscow to enter into negotiations with the Netherlands and Australia, under ICAO auspices, and to facilitate that process.

“The latter is essential to ensure that negotiations are conducted in good faith, on a clear timetable, and lead to tangible results,” the Dutch foreign ministry said.

The Russian government, however, had earlier signalled its unwillingness to cooperate. In the summer of 2024, Russia unilaterally withdrew from participation in the ICAO dispute process, according to previous statements by Russian officials.

This ICAO ruling adds to the body of international findings regarding Russia’s involvement in the incident. On 17 November 2022, The Hague District Court found three individuals — Igor Girkin, Sergey Dubinsky, and Leonid Kharchenko — guilty in absentia of murder in relation to the downing of MH17. All three were sentenced to life imprisonment and arrest warrants were issued.

The Dutch court also concluded that Russia had effective control over the self-proclaimed Donetsk People’s Republic (DPR) at the time of the attack. The judgement stated that the Buk missile system used to bring down the aircraft had been supplied by the Russian military and operated by personnel under their command.

The case before ICAO falls within the framework of the 1944 Chicago Convention, which sets the rules for international civil aviation. Article 3 bis of the Convention prohibits the use of weapons against civilian aircraft in flight and obliges states to refrain from resorting to the use of force in this context.

The ICAO Council’s findings do not carry criminal legal consequences, but they constitute an authoritative judgement within the civil aviation sector. They may also have implications for diplomatic and civil claims, including the issue of reparations for the families of the victims.

This latest development underscores the persistent legal and political efforts by the Netherlands and Australia to hold Russia accountable through international mechanisms. In 2020, both countries withdrew from trilateral talks with Russia, citing a lack of cooperation and transparency on the part of Moscow.

In its reaction to previous legal proceedings, the Russian government denied any involvement in the downing of MH17 and rejected the conclusions reached by both Dutch investigators and prosecutors. It has also dismissed the Hague court’s verdicts and has refused to extradite the convicted individuals.

Despite Russia’s stance, the ICAO decision reinforces earlier findings by international investigators, including the Joint Investigation Team (JIT), which concluded in 2016 that MH17 was shot down by a Buk missile launched from territory held by pro-Russian separatists using equipment transported from Russia.

The ICAO Council is composed of 36 member states, including both Australia and the Netherlands. Russia, also a member until its suspension in some ICAO activities following the full-scale invasion of Ukraine in 2022, has increasingly isolated itself from a range of multilateral institutions.

While the practical implications of the ICAO ruling are yet to unfold, the decision adds to growing international pressure on Moscow and may serve to bolster future legal proceedings at other forums, including the European Court of Human Rights and the International Court of Justice.

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