AUSTRALIA and the Netherlands have launched legal action against Russia for the downing of Malaysia Airlines flight MH17, reported The Guardian.

The move through the International Civil Aviation Organisation by the two countries can compel Moscow to take part in paused negotiations and result in it being penalised by the organisation, which is responsible for the administration of international aviation law.

The two countries have demanded from Russia an apology and compensation for the incident that saw 298 people, including 38 Australians, killed when the plane was shot down over Ukraine in 2014.

Russia, however, has denied any involvement despite the findings of an international investigation. It also withdrew from negotiations with the two countries in October 2020.

Australian Foreign Minister Marise Payne and Attorney-General Michaelia Cash today announced that Australia, together with the Netherlands, will launch legal action under article 84 of the Convention on International Civil Aviation, and allege that Russia breached the Chicago Convention that underpins aviation law.

“Since May 2018, we have maintained that the Russian Federation is responsible under international law for the downing of Flight MH17,” said Payne in a statement ahead of the announcement in Sydney this evening.

“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 it will not exclude any legal options in its pursuit of justice.”

Australia and the Netherlands said they will rely on the “overwhelming evidence” that the flight was shot down by a Russian Buk-Telar surface-to-air missile system, which was transported to an agricultural field in Ukraine from Russia on the morning of July 17, 2014.

The area was under the control of Russian-backed separatists at the time.

Both countries will present proof that the anti-aircraft system belonged to the Russia’s 53rd Anti-Aircraft Military Brigade, and was accompanied by a trained Russian military crew.

The legal proceedings add to a Dutch national prosecution of four suspects for their role in bringing the missile system to eastern Ukraine. The suspects comprise three Russians – Igor Girkin, Oleg Pulatov, Sergey Dubinskiy – and Ukrainian Leonid Kharchenko.

Payne said Russia needs to be held accountable for its breaches of international law, particularly in light of the invasion of Ukraine.

“Russia’s unprovoked and unjustified invasion of Ukraine and the escalation of its aggression underscores the need to continue our enduring efforts to hold Russia to account for its blatant violation of international law and the UN Charter, including threats to Ukraine’s sovereignty and airspace.”

She told a press conference that Australia can “consider” withdrawing the action if Russia is “prepared to return to (the) negotiating table… but we have seen no sign of good faith from Russia on that for some time”.

In 2018, Australia and the Netherlands told Russia that they hold it responsible under international law for its role in bringing down MH17, despite the Kremlin’s repeated denials. – March 14, 2022.