The Council of the International Civil Aviation Organization (ICAO) reached a significant conclusion on Monday, determining that the Russian Federation is responsible for the downing of Flight MH17 and has consequently violated the Convention on International Civil Aviation, commonly referred to as the Chicago Convention. This decision follows a case brought by the Netherlands and Australia in 2022 against the Russian Federation concerning the tragic incident that occurred on July 17, 2014.
In its ruling, the ICAO Council favoured the positions of the Netherlands and Australia. In the coming weeks, the Council will deliberate on the appropriate form of reparations. In this regard, the Netherlands and Australia are advocating that the ICAO Council require the Russian Federation to negotiate with them, and they seek the Council’s facilitation of this process. This facilitation is essential to ensure the negotiations are conducted in good faith, adhere to established timelines, and result in meaningful outcomes.
As a specialised agency of the United Nations with 193 member states, ICAO enforces the stipulations of the Chicago Convention, which prohibits member states from using weapons against civil aircraft in flight. It is the responsibility of the ICAO Council to assess whether violations of the Convention have occurred. The decision announced on Monday was made following a vote among the Council members, with a substantial majority expressing support for the positions advocated by the Netherlands and Australia.
“I am pleased with this decision by the ICAO Council, first and foremost because of what it means for the next of kin of the victims of the downing of Flight MH17. It cannot take away their grief and pain. Still, the decision is an important step towards establishing the truth and achieving justice and accountability for all victims of Flight MH17, and their families and loved ones. This decision also sends a clear message to the international community: states cannot violate international law with impunity,‘ Foreign Minister Caspar Veldkamp said.
