Australia and Netherlands sue Russia over MH17 crash: What happened to the plane and what the case is all about
The two countries have approached the International Civil Aviation Organization alleging that Moscow breached international aviation law and played a role in the downing of the Malaysia Airlines flight over Ukraine in 2014
The reconstructed wreckage of Malaysia Airlines Flight MH17, at the Gilze-Rijen military airbase, southern Netherlands. AFP
Amid the war in Ukraine and the subsequent sanctions levied against Russia, the Vladimir Putin-led country will now also face legal action through the International Civil Aviation Organization.
Australia and Netherlands announced on 14 March that they would be launching legal proceedings against Russia for the downing of Malaysia Airlines flight MH17.
What happened to the flight, did Russia play a role in its crash and what does Australia and Netherlands hope to achieve through this action?
We try to answer these questions.
What happened to MH17?
Malaysia Airlines flight MH17, en route from Amsterdam to Kuala Lumpur, was travelling over conflict-hit Ukraine on 17 July 2014 when it disappeared from the radar.
A total of 283 passengers, including 80 children, and 15 crew members were on board.
A 15-month-long investigation by the Dutch Safety Board (DSB) in 2015 revealed that the plane crashed after being hit by a Russian-made Buk missile over eastern Ukraine.
The wreckage of the Malaysia Airlines flight MH17 near the village of Grabove, in the region of Donetsk. AFP
A 2016 investigation by an international team of criminal investigators said that evidence showed that the Buk missile had been brought in from Russian territory and was fired from a field controlled by Russian-backed separatists.
In fact, the investigation team published an image of the Russian-made Buk missile component found at the crash site.
Using testimony of witnesses, phone calls and satellite imagery, the probe team said that they had pinpointed the launch site of the Buk missile to high ground at Pervomaiskyi, near Snizhne.
Interestingly, this land was territory controlled by Russian-backed separatists.
The investigations concluded in 2018 and it said that the missile system belonged to a Russian brigade — the 53rd Anti Aircraft Missile brigade based at Kursk.
Australia and the Netherlands announced both were holding Russia responsible for downing the aircraft.
However, Russia has denied involvement despite the findings of an international investigation.
Relatives of those killed when flight MH17 was shot down over Ukraine at the ‘hedge of compassion’ made of thousands of dolls found along the road and at Schiphol airport. AFP
Grounds on which Australia and Netherlands is taking legal action
Among the victims of the 2014 crash were 196 Dutch nationals and 38 residents of Australia.
The two countries are seeking compensation and an apology from the Russian Federation for the MH17 disaster.
They have approached the International Civil Aviation Organization (ICAO) to hold Moscow legally responsible for its alleged role in the crash.
Australia’s foreign minister, Marise Payne, and attorney general, Michaelia Cash, announced on Monday that Australia would be launching joint action with the Netherlands under Article 84 of the Convention on International Civil Aviation, and will allege that Russia is in breach of the Chicago Convention that underpins aviation law.
“We have maintained since May 2018 that the Russian Federation is responsible under international law for the downing of flight MH17,” Payne said in a statement ahead of Monday evening’s announcement in Sydney.
“Today’s joint action by Australia and the Netherlands is a major step forward in both countries’ fight for truth, justice and accountability for this horrific act of violence.”
“The Russian Federation’s refusal to take responsibility for its role in the downing of flight MH17 is unacceptable and the Australian government has always said that it will not exclude any legal options in our pursuit of justice.”
The Dutch government said the timing of the case isn’t connected to Russia’s invasion of Ukraine but did refer to the ongoing war in its announcement.
Foreign Affairs Minister Wopke Hoekstra stressed the Dutch government would continue to do all it can to hold Russia responsible for the MH17 downing.
“The deaths of 298 civilians, including 196 Dutch citizens, cannot remain without consequences,” he said. “The current events in Ukraine underscore the crucial importance of that.”
Dutch infrastructure minister Mark Harbers said the latest legal action is aimed at securing international recognition “that Russia is responsible for the MH17 disaster. Next of kin have a right to that.”
For Netherlands, the action follows their demand of life sentences for four suspects — three Russians and a Ukrainian — who are on trial for their alleged involvement in the attack on flight MH17. The men are being tried in absentia.
Verdicts are not expected until next year at the earliest.
With inputs from agencies
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