This decision marks the first time in ICAO’s history that the Council has ruled on the substance of a dispute between member states under its formal dispute resolution mechanism. The case was brought forward by Australia and the Netherlands, asserting that Russia’s conduct in the incident constituted a serious violation of the Convention on International Civil Aviation, also known as the Chicago Convention.
Flight MH17 was shot down on 17 July 2014 while flying over eastern Ukraine, resulting in the loss of 298 lives. The ICAO Council concluded that the use of a surface-to-air missile to destroy a civilian aircraft breached Article 3 bis of the Convention, which mandates that states must not use weapons against civil aircraft in flight.
The Council’s decision followed extensive written submissions and oral proceedings over several sessions. While the ruling confirms the legal validity of the claims brought by Australia and the Netherlands, a detailed document explaining the factual and legal basis for the Council’s conclusions will be released at a later date.
This historic decision underscores ICAO’s evolving role in ensuring accountability and reinforcing global norms in international aviation safety and law.
Tags: Malaysia Airlines, ICAO
