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AAP
AAP
Politics
Andrew Brown

Australia seeks MH17 action against Russia

Australia has launched legal action with the Netherlands against Russia over the downing of MH17. (AAP)

Australia will seek "justice and accountability" for the victims of downed Malaysian Airlines flight MH17, launching legal action against Russia over the incident.

The legal proceedings have been made alongside the Netherlands in the International Civil Aviation Organisation in a bid to bring Russia back to the negotiating table for reparations.

The flight was shot down over eastern Ukraine in July 2014, killing all 298 people onboard, including 38 Australians.

Foreign Minister Marise Payne said the action was necessary to hold Russia to account over the downing of the flight.

"Russia to date has refused to acknowledge and take responsibility for its clear role in this horrific incident," Senator Payne told reporters in Sydney on Monday.

"We have always said that all legal options were on the table."

As part of the legal action, Australia and the Netherlands are seeking a declaration that Russia broke the international civil aviation convention, also known as the Chicago Convention.

The two nations are also seeking to bring Russia back to negotiations on compensation over the incident.

Negotiations between Australia, the Netherlands and Russia on MH17 broke down when Russia walked away from talks in October 2020 and did not return, despite repeated attempts from the other two nations.

Prime Minister Scott Morrison said Russia's refusal to take responsibility over the incident was unacceptable.

"(The) 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," he said.

"The Australian government will pursue every available avenue to ensure Russia is held to account so this horrific act never happens again."

The legal action will be on top of proceedings taken by the Netherlands against four suspects for their individual involvement in the downing of the flight.

Australia and the Netherlands will rely on "overwhelming" evidence the flight was brought down by a Russian missile over eastern Ukraine in an area that was under the control of Russian-backed separatists.

The countries say the evidence showed the missile belonged to Russia and could only have been fired by a Russian crew.

The legal action comes after multiple western nations instituted sweeping sanctions against Russia over its invasion of Ukraine.

"Russia's unprovoked and unjustified invasion of Ukraine and the escalation of its aggression underscores the need to continue our enduring effort to hold Russia to account for its blatant violation of international law and the UN Charter," Mr Morrison said.

Labor leader Anthony Albanese said the opposition would offer bipartisan support to the legal proceedings.

He said Australia owed it to the victims to deliver accountability to Russia.

"This joint action with the Netherlands is an important step forward in this fight," he said in a joint statement.

"The illegal and immoral invasion of Ukraine has shown us the contempt Russia holds for international law. It must be held to account for its shameful actions."

The foreign minister brushed off concerns the legal action could exacerbate tensions between Russia and other nations in the wake of the invasion.

"Russia and Russia's actions are exactly what is exacerbating tensions, and I'm afraid that is not a phrase I would use between Russia and Ukraine," she said.

"Wholesale breaches of international law, complete violation of the UN charter is rather more significant than just exacerbating tensions."

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