Australia, Netherlands initiate MH17 legal proceedings

"We have maintained since May 2018 that the Russian Federation is responsible under international law for the downing of Flight MH17," said a statement jointly issued by Australia's Minister for Foreign Affairs, Senator Marise Payne, Prime Minister Scott Morrison and Attorney-General Senator Michaelia Cash Monday.

The statement was made available to Bernama by the Australian High Commission to Malaysia.

The joint statement said today's joint action by Australia and the Netherlands is a major step forward in both countries' fight for truth, justice and accountability for this horrific act of violence, which claimed the lives of 298 victims, 38 of whom called Australia home.

The statement said Australia and the Netherlands would rely on evidence MH17 was shot down by a Russian surface-to-air missile system transported from Russia to an area of eastern Ukraine under the control of Russian-backed separatists, and it was accompanied by a Russian military crew.

MH17 was flying from Amsterdam to Kuala Lumpur on July 17, 2014 when it was hit over rebel-held eastern Ukraine by what international investigators and prosecutors say was a Russian-made surface-to-air missile.

According to international media, Moscow has always denied involvement and has promoted a range of alternative theories, which international investigators have rejected as unsupported by evidence.

It added that a verdict in the murder trial, involving three Russians and a Ukrainian who remain at large, is expected later this year.

In October 2020, Russia unilaterally withdrew from negotiations with Australia and the Netherlands regarding the downing of Flight MH17, and refused to return to the negotiating table despite repeated requests by Australia and the Netherlands.

"The Russian Federation's refusal to take responsibility for its role in the downing of Flight MH17 is unacceptable and the Australian Government has always said that it will not exclude any legal options in our pursuit of justice.

"Today's joint action under Article 84 of the Convention on International Civil Aviation is in addition to the Dutch national prosecution of four suspects for their individual criminal responsibility in the downing of Flight MH17," said the statement.

It said Russia's unprovoked and unjustified invasion of Ukraine and the escalation of its aggression underscores the need to continue enduring efforts to hold Russia to account for its blatant violation of international law and the UN Charter, including threats to Ukraine's sovereignty and airspace.

"While we cannot take away the grief of those whose loved ones died as a result of Russia's actions, the Australian Government will pursue every available avenue to ensure Russia is held to account so that this horrific act never happens again,"" it added.