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Jurist UN body finds Russia responsible for downing of Malaysian Airlines flight MH17

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Dadparvar

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Nov 11, 2016
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The Council of the International Civil Aviation Organization (ICAO), a UN specialized agency, found that Russia failed in its obligation to uphold international air law in relation to the the shoot-down of Malaysian Airways flight MH17 in 2014, in a historic vote on Monday. The aircraft was traveling from Amsterdam to Malaysia when it was shot down, contrary to international law, by a Buk surface-to-air missile while flying in eastern Ukraine airspace. Eastern Ukraine was embroiled in conflict between armed pro-Russian rebels and Ukrainian military forces at the time of the incident. All 298 passengers and crew were killed.

The vote is particularly important as it marks the first time in the ICAO’s history that a determination was made “on the merits of a dispute” between member states under the ICAO’s dispute settlement mechanism. Following the downing of the plane, a joint investigation was launched by the Netherlands, Australia, Malaysia, Belgium and Ukraine.

The states concluded that the Russian Federation had breached Article 3bis of the Convention on International Civil Aviation, which protects civil aircraft from the use of weapons. The ICAO was of the view that the investigation and the subsequent claims brought by Australia and the Netherlands were “well founded in fact and in law”.

The UK issued welcomed the decision, commending the ICAO Council for upholding respect for international aviation laws. It said:

Through this decision, the ICAO Council upholds respect for the Convention on International Civil Aviation and sets out important expectations in relation to the obligations on States to create safer skies and, moreover, that those who violate the rules set out under this Convention will be held to account.
Netherlands Foreign Minister Caspar Veldkamp noted that the decision will help bring justice to families of the victims of the crash, adding that it also “also sends a clear message to the international community: states cannot violate international law with impunity.”

The Netherlands outlined further steps stating that the ICAO will consider appropriate reparations in the near future, and requested that the Council facilitate negotiations between the Russia, Netherlands and Australia.

The post UN body finds Russia responsible for downing of Malaysian Airlines flight MH17 appeared first on JURIST - News.

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