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The OACI determined that Russia was to blame for the downing of Ukraine of flight MH17 Malaysia Airlines. JIT's photo
The 12 May 2025, the Council of the International Civil Aviation Organization (OACI) cast a momentous vote, ruling that the Russian Federation breached its obligations under international air law in relation to the downing of Malaysia Airlines flight MH17 in 2014. This pronouncement marks an unprecedented milestone in the history of the OACI, marking the first time that its Council makes a determination on the merits of a dispute between Member States through the Organization's dispute settlement mechanism.
Downing of Malaysia Airlines flight MH17
The Council supported the claims presented by Australia and the Netherlands, who argued solidly, both in fact and in law, that the downing of flight MH17 17 July 2014 It was a violation of international regulations. The core of the case lay in the accusation that the action of the Russian Federation in shooting down the aircraft with a surface-to-air missile over eastern Ukraine contravened Article 3 bis of the Convention on International Civil Aviation, which establishes the obligation of States to «refrain from resorting to the use of weapons against civil aircraft in flight«.
The deliberative process involved the presentation of written documents and the holding of oral hearings throughout various sessions of the Council. A formal decision document is expected to be published at a future meeting, which will detail the factual and legal foundations that support the conclusions reached by the Council.
The OACI plays a crucial role as a global forum of States on international civil aviation. In this capacity, ICAO formulates policies and standards, conducts compliance audits, conducts extensive studies and analysis, provides technical assistance and promotes the development of aeronautical capacity through a wide range of activities and the active collaboration of its Member States and interested parties. The ICAO Assembly, which meets triennially, choose 36 States to join the ICAO Council, the governing body responsible for oversight of the Secretariat and ongoing diplomatic and technical decision-making within the OACI during periods between sessions of the Assembly.
Each elected Member State of the Council appoints a diplomatic representative to ICAO for these three-year terms., and these representatives elect a President of the Council without the right to vote to direct its work, as well as to provide support and guidance in their interactions. The Council has numerous functions and obligations stipulated in the agreement. For more detailed information about these features, procedures and history, you can click here.
Facts about the downing of Flight MH17
Flight MH17 Malaysia Airlines It was a scheduled passenger flight that operated the route between Amsterdam (Netherlands) y Kuala Lumpur (Malaysia). The 17 July 2014, while flying over the east of Ukraine, The aircraft Boeing 777 was hit and crashed near the town of Grabovo, in an area controlled by pro-Russian separatists.
The 298 aircraft occupants, including passengers and crew of various nationalities, They lost their lives in the tragedy.
A joint international investigation (JIT, for its acronym in English), led by the Netherlands and made up of researchers from Australia, Belgium, Malaysia and Ukraine, concluded that flight MH17 was shot down by a Russian-made Buk surface-to-air missile, shot from an agricultural field near the aforementioned Grabovo.
JIT traced the Buk missile system to the 53rd Anti-Aircraft Brigade of the Armed Forces of the Russian Federation, based in Kursk. Several individuals were identified as suspected of having played key roles in the deployment and launch of the missile..
Both the Netherlands and Australia have formally held Russia responsible for the downing of MH17 and have sought justice for the victims and their families through different international legal avenues., including the presentation of this case before the Council of the OACI. Russia has consistently denied any involvement in the downing of the plane..
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