Australia, Netherlands Launch Legal Action Against Russia Over Downing of Malaysian Airlines MH17
(Photo : ROBIN VAN LONKHUIJSEN)
NETHERLANDS-UKRAINE-RUSSIA-CONFLICT-MH17
Head prosecutor Fred Westerbeke speaks next to a part of the BUK rocket that was fired on the Malaysia Airlines flight MH17 during the press conference of the Joint Investigation Team, in Bunnik, on May 24, 2018. - Investigators probing the 2014 downing of flight MH17 said Thursday for the first time that the missile which shot down the plane over eastern Ukraine travelled from a Russian military brigade. (Photo by Robin van Lonkhuijsen / ANP / AFP) / Netherlands OUT (Photo credit should read ROBIN VAN LONKHUIJSEN/AFP via Getty Images)

In the aftermath of the downing of Malaysia Airlines aircraft MH17, Australia and the Netherlands have filed legal action against Russia.

When a Russian-made Buk missile attacked the Boeing 777 over Ukraine in 2014, all 298 people were murdered, including 38 Australians. Australia and the Netherlands have accused Russia of being behind the assault and have filed a lawsuit with the International Civil Aviation Organization (ICAO).

Australia, Netherlands Start Legal Action Against Russia

Since the event, the two nations have been pursuing an apology and compensation for the victims' families. Russia denied involvement, ended discussions with Australia and the Netherlands in 2020, and consistently turned down efforts from the two countries to resume talks.

The combined action is being taken under Article 84 of the Convention on International Civil Aviation in response to the Dutch prosecution of four suspects in the Malaysian plane downing.

If proven guilty of providing the missile system used by Russian rebels in the Donetsk area that attacked the Kuala Lumpur-bound airliner, the four men may face life in jail. Sergei Dubinsky, Oleg Pulatov, and Igor Girkin, three Russians, and Leonid Kharchenko, a Ukrainian, have been accused; but they refused to appear in a Dutch court, according to Sky News.

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Russia Is Allegedly Responsible for MH17 Crash

Since 2018, both nations have claimed that Russia was to blame for the incident. The International Civil Aviation Organization (ICAO) is in charge of developing standards for aviation safety, security, efficiency, and regularity, as well as environmental preservation.

The organization also has the authority to censure or impose penalties on states deemed to be in breach of international rules, therefore requiring compensation for the victims' relatives. The legal action pursued by the two nations is distinct from the murder trial that is now taking place in the Netherlands, in which four suspects are being tried for their criminal culpability.

The move against Moscow, according to the Dutch government, is unrelated to current events in Ukraine. On July 17, 2014, MH17 was traveling from Amsterdam to Kuala Lumpur when it was attacked by a Russian-made surface-to-air missile while flying over a rebel-held zone in eastern Ukraine, according to international investigators.

While the Netherlands has held Russia accountable for the event since 2014, when an international inquiry determined that Moscow was responsible for the deployment of the missile system deployed, Moscow has continuously denied responsibility.

Meanwhile, the outcome of three Russians and one Ukrainian murder trial is due later this year. Prosecutors in the Netherlands have asked life sentences for the four suspects who are being prosecuted in their absence for irresponsibly employing a missile and bringing down a passenger plane, Independent reported.

Wopke Hoekstra, the Dutch foreign minister, stated that the Dutch government will continue to do all possible to hold Russia accountable. Wopke Hoekstra, the Dutch foreign minister, stated that the Dutch government will continue to do all possible to hold Russia accountable.

In a statement, the Australian government said that Russia's unprovoked and unjustified invasion of Ukraine, as well as the escalation of its aggression, highlight the importance of continuing to hold Russia accountable for its flagrant violations of international law and the UN Charter, including threats to Ukraine's sovereignty and airspace.

Four Russian-backed rebels from the self-proclaimed Donetsk Persons' Republic are on trial in a criminal court in Amsterdam for the murder of 298 people. The defendants - three Russians and a Ukrainian - are not in court, as per Al Jazeera via MSN.

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