ICAO Council Rules Russia Violated International Air Law in MH17 Downing

…Historic first as the organisation finds Russian Federation breached aviation treaty obligations in 2014 Malaysia Airlines tragedy

The Council of the International Civil Aviation Organization (ICAO) has ruled that the Russian Federation failed to uphold its obligations under international air law in connection with the tragic downing of Malaysia Airlines Flight MH17 in 2014.

This marks the first time in ICAO’s history that its Council has reached a decision on the merits of a dispute between Member States under the Organisation’s formal dispute settlement mechanism.

At a recent meeting, the Council determined that the claims brought forward by Australia and the Netherlands were well founded both in fact and in law.

The case revolved around allegations that Russia was responsible for the downing of Flight MH17 by a surface-to-air missile over eastern Ukraine on 17 July 2014, resulting in the loss of 298 lives.

The Council found that this conduct constituted a violation of Article 3 bis of the Convention on International Civil Aviation — a provision that unequivocally requires States to “refrain from resorting to the use of weapons against civil aircraft in flight.”

The proceedings, which unfolded over several sessions of the ICAO Council, included both written submissions and oral hearings by the parties involved.

The comprehensive nature of the process underscored the gravity of the claims and the precedent-setting nature of the Council’s deliberations.

A formal decision document detailing the facts and legal rationale behind the Council’s conclusions will be issued at a subsequent meeting, ICAO said.

The outcome is likely to have far-reaching implications not only for international accountability in aviation incidents involving conflict zones but also for the authority of ICAO as a venue for dispute resolution among States.