Australia and the Netherlands Launch Proceedings Over the Downing of MH17

By Madeleine Bishop

At a time when Russia is experiencing severe geopolitical and social isolation, it has one more thing to worry about: Australia and the Netherlands have launched legal proceedings against Russia over the downing of Flight MH17 over Ukraine in 2014. The proceedings were commended in mid-March in the International Civil Aviation Organisation, the specialised United Nations agency responsible for implementing the terms of the Convention on International Civil Aviation.

In their joint action, Australia and the Netherlands claim that flight MH17 was shot down by a Russian surface-to-air missile system that was located in eastern Ukraine. They allege (and it is widely accepted by the international community) that the missile system was the property of the Russian military and was operated either by the Russian military or by people operating under the instruction of the Russian military. 

In this tragic event, all 298 people on board the Malaysia Airlines Flight were killed. Of those, 196 were Dutch citizens and 38 were Australian. Despite the global outrage at this incident, Russia has never accepted responsibility for the incident, instead blaming Ukraine for the incident. 

Although it is very significant, this proceeding is not the first to be brought in relation to MH17. In mid-2019, the Dutch Public Prosecution Service opened a case against the four men suspected of transporting and operating the missile system. This case is currently being heard by the District Court of the Hague. All four men are being tried in absentia, and only one has retained legal counsel. In 2020, Ukraine and the Netherlands filed a complaint against Russia with the European Court of Human Rights. The court is currently holding preliminary hearings to determine whether to hear the case.

As such, the joint Australian-Dutch initial proceedings are just the next step in a series of legal attempts to hold Russia responsible for the downing of MH17. In its announcement of the proceedings, the Australian government expressed hope that, if Russia were found guilty, there would be some closure for the families of the victims. 

Interestingly, the Australian government has also sought to frame the proceedings as being part of its response to the recent invasion of Ukraine, and of its renewed efforts to push back against Russian aggression. This angle is slightly opportunistic but may effectively utilise the attention on Russia to bring more attention to the proceedings. Already, there seems to be some renewed conversation of the MH17 tragedy in the media, and the international community has once again been galvanised against Russia. 

It remains to be seen whether Russia will ever accept responsibility for MH17 tragedy, but this proceeding could be a good next step in achieving that goal.