All 298 passengers and crew were killed on 17 July 2014 when the Amsterdam–Kuala Lumpur Boeing 777 was hit by a Russian‑made Buk surface‑to‑air missile fired from territory held by pro‑Moscow separatists in the Donbas region.
In a vote at ICAO’s 36‑nation Council, member states found that Russia had breached Article 3 bis of the Chicago Convention, which requires governments to “refrain from resorting to the use of weapons against civil aircraft in flight.”
The decision follows a joint complaint filed in 2022 by Australia and the Netherlands.
Families welcome step toward justice
“We call on Russia to finally face up to its responsibility for this horrific act and make reparations,” Australian Foreign Minister Penny Wong said.
Dutch counterpart Caspar Veldkamp hailed the ruling as “an important step toward truth, accountability and justice,” adding that states “cannot violate international law with impunity.”
Russia, which boycotted earlier ICAO hearings on the case and has always denied involvement, did not immediately comment.
Long road of investigations
Of the victims, 196 were Dutch, 38 Australian, and 10 British; the others were Malaysian, Belgian, and from several other nations.
A Dutch‑led Joint Investigation Team previously concluded the missile system belonged to Russia’s 53rd Anti‑Aircraft Brigade.
In 2022, a Dutch district court convicted two Russian nationals and a pro‑Moscow Ukrainian of murder in absentia, sentencing them to life imprisonment.
Monday’s ICAO finding strengthens the legal basis for compensation claims, but does not impose penalties by itself; further arbitration could follow if Russia rejects the ruling.
(jh)
Source: BBC, Reuters, The Guardian