MONTREAL — In a historic judgment, the Council of the International Civil Aviation Organization (ICAO) has determined that Russia is liable for the downing of Malaysia Airlines (MH) flight MH17, which was downed over eastern Ukraine on July 17, 2014, killing everyone on board, a total of 298 people.

The ICAO Council voted on Monday, as reported by the United Nations, that Russia did not meet its international air law obligations to "refrain from resorting to the use of weapons against civil aircraft in flight." Australia and the Netherlands officially presented the case to the ICAO after years of global investigation and legal action.

This is the first time in ICAO's history that its Council has decided on the merits of a Member State's dispute under the Organization's dispute settlement mechanism. The decision highlights the gravity of the breach and is a landmark moment in global aviation governance and accountability.

Tragedy in the Skies

Malaysia Airlines Flight MH17 was traveling from Amsterdam to Kuala Lumpur when a surface-to-air missile struck the Boeing 777-200ER (9M-MRD) as it flew over eastern Ukraine, a zone of violence between Ukrainian government forces and pro-Russian rebels.

Everyone on board - 283 passengers and 15 crew members - was killed, from 17 different nationalities - 196 Dutch nationals, 43 Malaysians, and 38 Australian citizens or residents.

In the wake of the tragedy, ICAO created a special task force to address civil aviation risks in conflict areas to avoid such a disaster in the future.

Investigations, Legal Action

The Netherlands established a Joint Investigation Team (JIT) in August 2014 with Australia, Malaysia, Belgium, and Ukraine. The JIT investigation determined that MH17 was shot down by a Buk missile system, which was brought from Russia into separatist-controlled areas in eastern Ukraine and then brought back across the border.

Three Russian and Ukrainian suspects were convicted by a Dutch court in absentia for their involvement in the bombing in November 2022. Two Russians were given life imprisonment, but one Russian suspect was acquitted, alongside another one.

Since these conclusions were reached, Australia and the Netherlands took formal action at ICAO in 2022, and they accused Russia of violating the Convention on International Civil Aviation, or the Chicago Convention.

Broader Context, Current War

The MH17 tragedy took place during the initial conflict in eastern Ukraine. Nevertheless, since Russia invaded Ukraine in its entirety in February 2022, the conflict has grown massively. Over 13,000 civilians have lost their lives, and over 31,000 have been wounded, as documented by the UN Office of the High Commissioner for Human Rights (OHCHR).

This ICAO decision puts additional international pressure on Moscow and reiterates the global aviation community's commitment to defending civilian air traffic, particularly in or around conflict areas.