The United Nations Agency Says Russia Was Behind Malaysia Airlines' Crash Over Ukraine In 2014

Investigation at the crash site of MH17. (Wikimedia Commons/Ministerie van Defensie)

JAKARTA - The International Civil Aviation Organization Council (ICAO) on Tuesday held Russia accountable for the shooting of the Malaysia Airlines Aviation 17 (MH17) plane over Ukraine more than a decade ago, a decision that could pave the way for compensation for families of 298 victims.

An international Dutch-led investigation concluded in 2016 that the plane that took off from Amsterdam, the Netherlands to Kuala Lumpur, Malaysia was shot down on July 17, 2014, from Ukrainian territory controlled by separatist rebels using the Buk missile system sent from Russia.

Moscow has denied involvement in the Malaysia Airlines MH17 tragedy that killed all the crew and passengers totaling 298 people.

The council found Russia had violated the International Civil Aviation Convention, known as the Chicago Convention, which required countries "to exercise restraint against civilian aircraft in flight."

This is the first time the council, which represents 193 member states, has decided on a dispute between governments.

Dutch Foreign Minister Caspar Veldkamp said the council would consider compensation issues within weeks.

"In that context, the Netherlands and Australia asked the ICAO Council to order the Russian Federation to hold negotiations with the Netherlands and Australia, and for the Council to facilitate this process," Foreign Minister Veldkamp said in a statement.

"The last thing is important to ensure that negotiations are carried out in good faith and according to a certain schedule, and that these negotiations will produce tangible results," he added.

Meanwhile, Australian Foreign Minister Penny Wong urged the council to move quickly to "determine a solution."

"We call on Russia to finally recognize its responsibility for the horrific acts of violence and compensate for its outrageous actions, as required by international law," Foreign Minister Wong said in a statement.

It is known that the Dutch and Australian governments filed a case against Moscow with the global aviation agency centered in Montreal in 2022, and on Tuesday welcomed the ruling.

The International Court is not an option, as Russia does not recognize the jurisdiction of the court centered in The Hague, the Netherlands.

The Russian Embassy in Australia did not immediately respond to a request for comment on Tuesday.

Separately, international law expert from the Australian National University Don Rothwell said the council had not published the reasons for its decision.

"One of the consequences of this process is that the council may make some recommendations for Russia to pay for the so-called compensation, which is an international term for losses, as a result of violations of international law," said Rothwell.

"So, we have to wait and see exactly what the council finds at that particular point," Rothwell added.