TRAGEDY: MH17 downed by Russia rules ICAO

This is no surprise, but I thought it important to report on the blog for historical purposes. The United Nations agency that deals with international aviation, the Council of the International Civil Aviation Organisation (ICAO), has officially ruled today that Russia violated international aviation laws under the Chicago Convention.

Background on MH17

Flight MH17, a Malaysian Airlines flight en route from Amsterdam to Kuala Lumpur on 17 July, was shot down by Russian missiles over Ukraine in 2014, killing all 298 passengers and crew onboard. 38 of those people were citizens or residents of Australia.

Investigations have since concluded a Russian-made BUK surface-to-air missile brought the aircraft down. This is a landmark ruling in the case brought before the ICAO in 2022 by the governments of Australia and the Netherlands.

The aircraft was shot down over separatist-held territory in eastern Ukraine by a Russian-made BUK surface-to-air missile.

“In reaching its decision, the ICAO Council has upheld the fundamental principle that weapons should not be used against civil aircraft. While we cannot take away the grief of those left behind, we will continue to stand with them in that grief and pursue justice for this horrific act.”

Australian Foreign Minister Penny Wong

The ICAO decision is the result of a vote by member states. The vote backed the claims that Russia breached an article of the convention that prohibits the use of weapons against civilian aircraft while in flight. The next phase is the determination of reparations that should be imposed on Russia.

Australia and the Netherlands have requested that Russia be ordered to negotiate in good faith on a prescribed timeline.

Russia denies any involvement in the shooting down of the MH17 flight, so it is not clear whether they will participate in negotiations even if ordered.

Three convicted of MH17 downing

Back in 2022, three members of the Donetsk People’s Republic (DNR), an organisation controlled by Russia, were convicted. Convicted of downing the MH17 flight and the consequent murder of 298 people.

The Russian nationals Igor Girkin, Sergei Dubinsky and Moscow supporting Ukrainian Leonid Kharchenko were found guilty of murder and causing the crash of the aircraft. They were held to have helped arrange a Russian army BUK missile system into Ukraine that shot down the aircraft. Refused to attend the trial, they were tried and convicted in absentia.

2PAXfly Takeout

This decision is no surprise. But it is important that the world understand who was responsible for the murder of those 298 people.

There may be no practical effect of this decision. Sometimes it is just important to point out the norms and expectations of an agreed upon rules-based order, and who is not playing by the rules. Those rules are there for a reason. When not observed, this can be the result, the murder of 298 innocent people.