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UN Determines Russia Is Responsible for 2014 Malaysian Airlines Disaster

More than a decade after Malaysia Airlines Flight MH17 was shot down over eastern Ukraine, the United Nations’ top aviation authority has ruled that Russia was responsible for the 2014 tragedy that killed all 298 people on board, one of the deadliest and most controversial disasters in modern aviation history.

On Monday, the Council of the International Civil Aviation Organization (ICAO) found  that the Russian Federation failed to meet its international obligations under international air law, which requires states to "refrain from resorting to the use of weapons against civil aircraft in flight" by not preventing the 2014 downing of the civilian airliner. The plane, en route from Amsterdam to Kuala Lumpur, was shot down by a Russian-made missile over the conflict ridden Donbas region, an area then teeming with pro-Moscow separatists.

Trial judges and lawyers view the reconstructed wreckage of Malaysia Airlines Flight MH17, at the Gilze-Rijen military Airbase, southern Netherlands on May 26, 2021. Judges inspect wreckage of flight MH17 as part of criminal trial of four suspects. (Photo by Sem van der Wal / ANP / AFP) (Photo by SEM VAN DER WAL/ANP/AFP via Getty Images)<p><a href="https://www.gettyimages.com/detail/1233115643" rel="nofollow noopener" target="_blank" data-ylk="slk:SEM VAN DER WAL&sol;Getty Images;elm:context_link;itc:0;sec:content-canvas" class="link ">SEM VAN DER WAL&sol;Getty Images</a></p>

Trial judges and lawyers view the reconstructed wreckage of Malaysia Airlines Flight MH17, at the Gilze-Rijen military Airbase, southern Netherlands on May 26, 2021. Judges inspect wreckage of flight MH17 as part of criminal trial of four suspects. (Photo by Sem van der Wal / ANP / AFP) (Photo by SEM VAN DER WAL/ANP/AFP via Getty Images)

SEM VAN DER WAL&sol;Getty Images

The Kremlin has consistently denied involvement, despite mounting evidence and multiple investigations over the years. But this week’s ruling adds another brick in the wall of international accountability.

The case to the UN was brought in 2022 by the Australian and Dutch governments, who have both welcomed the ICAO's ruling. Together, their citizens made up the majority of MH17’s passengers: 196 from the Netherlands, and 38 from Australia. Victims also included 10 Britons, as well as passengers from Malaysia and Belgium.

Australia’s Foreign Minister Penny Wong didn’t hold back after the decision: “We call upon Russia to finally face up to its responsibility for this horrific act of violence and make reparations for its egregious conduct.” Dutch Foreign Minister Caspar Veldkamp echoed the sentiment, calling the ruling an “important step toward establishing the truth and achieving justice.”

The ICAO's ruling reinforces the findings of a 2022 Dutch court that convicted three men, two Russians and a pro-Russian Ukrainian national, of murder for their roles in launching the missile that brought down MH17. All three were sentenced to life in prison, but none have served time, as Russia has refused to extradite them.

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