UN Agency Rules Russia Shot Down Malaysian Jet In 2014

The UN's aviation council ruled on Monday that Russia was responsible for the 2014 downing of Malaysia Airlines flight MH17 that killed all 298 passengers and crew, including more than 200 Dutch and Australian citizens.

In the first ruling of its kind, the council of the International Civil Aviation Organization (ICAO) agreed with claims brought by Australia and the Netherlands that Russia shot down the Malaysian passenger jet, saying the accusations “were well founded in fact and in law.” In doing so, Russia “failed to uphold its obligations under international air law,” the body said in a statement.

The case centers on allegations that on July 17, 2014, Russia used surface-to-air missile over eastern Ukraine to down the aircraft, constituting a breach of the Convention on International Civil Aviation, which bars states from “resorting to the use of weapons against civil aircraft in flight.”

“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,” Dutch Foreign Minister Caspar Veldkamp said in a statement. “This decision also sends a clear message to the international community: states cannot violate international law with impunity.”

The Kremlin rejected the the ruling. “Our position is well known: Russia was not a country that took part in the investigation of this incident, so we do not accept any biased conclusions,” spokesman Dmitry Peskov told reporters on Tuesday, according to the Interfax news service.

In the coming weeks, the ICAO council will consider what form of reparation is in order, according to the statement. The attack killed 196 Dutch citizens and 38 Australian citizens or residents aboard the flight.

The ruling comes as Malaysian Prime Minister Anwar Ibrahim travels to Russia this week where he will meet President Vladimir Putin to discuss cooperation in trade and investment, as well as aerospace and energy. It is unclear if they will discuss the ruling. The Malaysian government did not immediately respond to a Bloomberg request for comment.

In 2022, two Russians and a Ukrainian citizen were sentenced in absentia to life in prison by a Dutch court for carrying out the deadly attack.

The downing of MH17 over Ukraine and the disappearance of MH370 the same year have had severe financial consequences for Malaysia Airlines, driving a share price slump that eventually saw the company delisted from Malaysia's stock exchange.

“The Australian Government welcomes the ICAO Council's decision and urges it to move swiftly to determine remedies for this violation,” Australia's Foreign Minister Penny Wong said in a statement posted online. “We call upon Russia to finally face up to its responsibility for this horrific act of violence and make reparations for its egregious conduct, as required under international law.”