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ABC News
ABC News
National
political reporter Stephanie Borys

Australia and the Netherlands initiate legal proceedings against Russia in ICAO over downed MH17 flight

Australia and the Netherlands announce legal proceedings against Russia

Australia and the Netherlands have initiated legal proceedings against Russia for the downing of flight MH17. 

All 298 people on board the plane, including 38 Australian citizens and residents, died when a Russian-made Buk missile hit the plane in 2014. 

Both Australia and the Netherlands maintain Russia was responsible under international law for the attack, and have now initiated legal proceedings against the Russian Federation in the International Civil Aviation Organization (ICAO). 

The ICAO is a specialised agency of the United Nations, tasked with the planning and development of safe international air transport. 

Its role is to mediate between countries, and with agreement, has the power to condemn or introduce sanctions against a member country found to have broken international laws – including demanding Russia pay compensation to victims' families.

Foreign Minister Marise Payne said the legal proceedings came on top of a trial that had been held in the Netherlands, where Dutch prosecutors demanded life sentences for four suspects

"This is an important step in the fight for truth, justice and accountability for all of the victims of MH17, including the 38 who called Australia home," Senator Payne said.  

"The ICAO Council is empowered to consider serious breaches of international law."

While the legal action is a significant move by Australia and the Netherlands, it is unlikely to faze Russia.

The Russian government has long denied any culpability, and in recent weeks has ignored international calls to halt its invasion of Ukraine despite worldwide sanctions being imposed.

Attorney-General Michaelia Cash said Australia and the Netherlands had called on ICAO "as the sole body that has jurisdiction to deal with this matter" to hold Russia to account. 

Senator Cash asked for ICAO "to order that the parties immediately enter good faith negotiations to resolve expeditiously the matters of full reparation for the injury caused by Russia's breach".

She also said Russia's voting power in ICAO must be suspended. 

Senator Payne said the new legal proceedings were about pursing accountability. 

"Russia, who prides their participation in multilateral organisations, would remain a council member but have no voice on any issue, would not be able to vote on ICAO elections, not be able to participate on ICAO disputes, would lose their ability to block consensus, it's about suspending their voting power and it's about accountability," she said. 

The legal process will take some time, with ICAO to now set out a time frame in which Russia must respond, which is expected to take a few months.

Australia and the Netherlands said there was overwhelming evidence the plane was shot down by a Russian Buk-TELAR surface-to-air missile, which was transported from Russia to an agricultural field in the east of Ukraine on July 17, 2014.

Both countries said evidence showed the missile system belonged to the Russian Federation's 53rd Anti-Aircraft Military Brigade.

They allege it was accompanied by a trained Russian military crew and could have only been fired by the Russian crew or someone acting under their control. 

In 2018, the Netherlands and Australia confirmed they held Russia responsible for the downing of MH17, but Russia withdrew from negotiations in 2020.

Russian President Vladimir Putin has consistently denied his country's involvement. 

More sanctions land as Russian invasion continues

The announcement comes after the Australian government imposed further sanctions on wealthy Russians in response to the invasion of Ukraine on Monday. 

The sanctions target 33 Russian oligarchs, businesspeople and some of their immediate family members, including the owner of Chelsea Football Club Roman Abramovich, the chief executive of energy company Gazprom, and the heads of several financial institutions.

The Australian government said they have amassed vast personal wealth and are of strategic influence to Russia, in part due to their ties to the Kremlin and Mr Putin.

The US and UK have already taken similar action and Australia has now placed more than 460 sanctions in total on Kremlin-linked individuals and entities.

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