The Council of the International Civil Aviation Organization (ICAO Council) ruled on Monday in Montreal that the Russian Federation is responsible for the downing of flight MH17 and has thereby violated the Chicago Convention on international civil aviation. The ICAO Council made this decision in the case that the Netherlands and Australia brought against the Russian Federation in 2022 regarding the downing of flight MH17 on July 17, 2014. The Netherlands and Australia have been vindicated by this decision.

Minister Veldkamp of Foreign Affairs: “I am pleased with the decision of the ICAO Council, primarily for the relatives of the victims of flight MH17. The decision cannot take away their grief and suffering, but it is an important step towards truth-finding, justice, and accountability for all victims of flight MH17 and their relatives. Furthermore, this ruling sends a clear signal to the international community that states cannot violate international law without consequences.”

In the coming weeks, the ICAO Council will deliberate on how redress should take place. The Netherlands and Australia request that the ICAO Council impose on the Russian Federation to negotiate with the Netherlands and Australia on this matter and to facilitate this process. This is to ensure that the negotiations are conducted in good faith, according to established timelines, and will actually lead to results.

There are 193 countries affiliated with ICAO, a specialized organization of the UN. Under the Chicago Convention, these states may not use weapons against civil aircraft during flight. The ICAO Council may judge whether countries have violated the Chicago Convention.

The ruling was reached on Monday through a vote by members of the ICAO Council. The vast majority of council members supported the position of the Netherlands and Australia.