In the case of the downing of Malaysia Airlines Flight MH17, which claimed the lives of 298 people, Australia and the Netherlands announced on March 7, 2025, that they would submit their final arguments to the Council of the International Civil Aviation Organization (ICAO).
The move marks a significant milestone in the long-standing quest for justice for the victims of this tragic incident, which is now moving back to court more than ten years after the plane crashed. ICAO will now begin deliberations on Russia's responsibility for the downing of the flight.
The downing of MH17: A tragedy that shook the world
On July 17, 2014, Flight MH17, a Boeing 777-200ER, was shot down over eastern Ukraine en route from Amsterdam to Kuala Lumpur. All 298 people on board, including 38 Australians, lost their lives. In the years since, the Dutch and Australian governments have repeatedly sought to hold those responsible for the downing accountable and to determine the causes of this horrific crime.
Investigations by the Dutch Security Agency (OVV) and the International Investigation Team (JIT) concluded that the plane crash was caused by a Buk missile supplied by Russia and fired by pro-Russian separatists in eastern Ukraine. Despite these clear findings and extensive evidence, Russia refused to comment on the allegations and withdrew from the negotiations in 2020. Subsequently, Australia and the Netherlands continued their legal action against Russia.
The current legal step: the submission of final arguments
With the submission of their final arguments to the ICAO Council, Australia and the Netherlands continue their long-running legal dispute. In an Instagram post, Penny Wong, Australia's Foreign Minister, declared this step a "significant milestone" in the proceedings and paves the way for the ICAO Council's deliberations. She emphasized that Australia will continue to pursue "truth, justice, and accountability" for the 298 victims of MH17, including the 38 Australians who were on board the flight.
Wong also emphasized the importance of legal negotiations at the international level, especially given that Russia has refused to participate in the negotiations since 2020 and refused to accept a return to the negotiating table in 2022. Australia and the Netherlands subsequently decided to take legal action to bring Russia before an international court.
The legal framework: The role of ICAO
The International Civil Aviation Organization (ICAO) plays a central role in this case, as it is responsible for international civil aviation and can serve as a forum for disputes between states. ICAO has the authority to take action in the event of violations of international aviation standards and regulations. The final arguments presented by Australia and the Netherlands are now a crucial step toward holding Russia accountable and naming those responsible for the downing of MH17.
In international law, the submission of "final arguments" is the last step in a proceeding, during which the lawyers of a state or organization have the opportunity to summarize their position. In this case, the ICAO Council will now consider the evidence and arguments presented and decide how to proceed.
Russia's withdrawal and the consequences for the proceedings
Russia's refusal to participate in the negotiations and its unilateral suspension of diplomatic talks in 2020 galvanized the international community. Russia has never claimed responsibility for the downing and continues to deny any connection to the incident. However, Russia's withdrawal from the negotiations has increased pressure on Australia and the Netherlands to continue their efforts before international bodies. This step, submitting final arguments to ICAO, now represents the last opportunity to bring Russia before an international body and enforce the demand for justice for the victims of MH17.
Russia's refusal to address the allegations and participate in the talks has complicated the diplomatic situation and prolonged the legal process. Nevertheless, Australia and the Netherlands remain committed to continuing the proceedings and ensuring that Russia is held accountable for its role in this tragic incident.
Outlook and hopes for justice
The submission of the final arguments in March 2025 represents just one more step in the long-term quest for justice for the victims of the plane crash. It remains to be seen how the ICAO Council will respond to the submitted arguments and what measures will be taken with regard to Russia. The hope for a clear legal ruling and international recognition of responsibility for the downing remains.
However, it is certain that this case will continue to cause political tensions in the coming years. International relations between Russia, Australia, and the Netherlands could be profoundly affected by the outcome of the proceedings, especially if Russia continues to refuse cooperation and does not accept the outcome of the proceedings.
Australia and the Netherlands are relying on international support and the rigor of international law in their joint effort to uncover the truth. They hope that those responsible for the tragedy of one of the greatest aviation crimes in history will finally be brought to justice.
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