In a landmark decision, the Council of the International Civil Aviation Organization (ICAO) concluded that the Russian Federation failed to uphold its obligations under international air law in the tragic downing of Malaysia Airlines Flight MH17 in 2014.
This ruling marks a historic moment for ICAO, representing the first time its Council has determined the merits of a dispute between Member States through the Organization’s formal dispute settlement mechanism.
The Council upheld the claims brought forth by Australia and the Netherlands, finding them well-founded in both fact and law. The case focused on allegations that the Russian Federation’s actions in the downing of Flight MH17 by a surface-to-air missile over eastern Ukraine on 17 July 2014, constituted a clear violation of Article 3 bis of the Convention on International Civil Aviation. This crucial article mandates that States “refrain from resorting to the use of weapons against civil aircraft in flight.”
The proceedings involved a thorough examination of written submissions and extensive oral hearings conducted across multiple sessions of the ICAO Council.
A formal decision document, detailing the factual and legal reasoning behind the Council’s conclusions, will be issued at an upcoming meeting. This decision underscores the importance of adhering to international air law and the commitment of the international community to ensuring the safety and security of civil aviation.
