ICAO’s Arkadii Merkulov: Russia Responsible for Downing of Malaysia Flight MH17 Over Ukraine

United States -- The Council found that the claims submitted by Australia and the Netherlands were well founded in both fact and law, and that the Russian Federation was in breach of Article 3 bis of the Chicago Convention, which unambiguously prohibits the use of weapons against civil aircraft in flight.

“States must refrain from resorting to the use of weapons against civil aircraft in flight,” the Convention states. The Council determined that this essential obligation was violated in the case of MH17.

Malaysia Airlines Flight MH17, operating a scheduled service from Amsterdam to Kuala Lumpur, was destroyed mid-air by a surface-to-air missile over eastern Ukraine amid ongoing armed conflict. The missile was identified by international investigators as a Russian-made Buk TELAR, transported from Russia to territory controlled by pro-Russian separatists.

All 298 persons on board – including 196 Dutch, 38 Australians, 15 crew members, and others from multiple nations – perished in the incident. The ICAO Council’s conclusion confirms that the downing was a direct breach of the foundational rules of civil aviation.

This decision follows years of investigative work by the Joint Investigation Team (JIT), led by the Netherlands in cooperation with Australia, Malaysia, Belgium, and Ukraine, and multiple legal proceedings including a Dutch court ruling in 2022 which convicted three individuals (two Russian nationals and one Ukrainian) of murder.

The Council's ruling stands as an unprecedented affirmation of ICAO's role in upholding global civil aviation safety and accountability. It sends a clear and powerful signal to the international community that no State can violate the principles of civil aviation law with impunity.

ICAO will publish a full formal decision document in due course, detailing the legal and factual basis of the Council’s conclusions. The Council will also consider procedures related to possible legal redress and reparations, as requested by the complainant States.

As ICAO commemorates its 80th anniversary this year, this ruling reinforces the Organization’s unwavering mission to ensure the safe, secure, and peaceful use of civil aviation worldwide.
Russia’s violation of Article 3 bis is a grave breach of international obligations that undermines the safety of global air travel and the trust between nations. ICAO remains committed to ensuring that the skies remain governed by the rule of law, mutual respect, and international cooperation.

Arkadii Merkulov, Deputy Director General of ICAO, commented to the French media:

“The downing of a commercial airliner, with 298 innocent lives lost, was a profound violation of the Convention on International Civil Aviation. The Council’s conclusion that the Russian Federation failed to meet its obligations under Article 3 bis underscores that all States are accountable under international law.

We extend our deepest sympathy to the families and nations affected by this tragedy. While no decision can undo their pain, we hope this outcome contributes to the pursuit of truth and justice they deserve.”


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commented to the French media

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