Netherlands & Australia file MH17 complaint against Russia at civil aviation authority

The Netherlands and Australia approached the civil aviation organization ICAO to demand compensation from Russia for MH17, among other things. The countries filed a complaint against Russia on Monday, said Ministers Wopke Hoekstra of Foreign Affairs and Mark Habers of Infrastructure and Water Management.

"The Cabinet will continue to do everything in its power to hold Russia accountable for the downing of flight MH17 and the maintenance of the international legal order," Hoekstra said in a statement. The complaint may result in compensation for the Dutch State, among other things. The Cabinet asked the Court of Audit to calculate how much damage the government suffered.

According to the Cabinet, the decision to go to the ICAO has nothing to do with the Russian invasion of Ukraine. According to the Minister, the Russian decision to discontinue negotiations with the Netherlands and Australia after the countries held Russia liable for the MH17 disaster prompted this step. "We want it to be internationally recognized and established that Russia is responsible for the disaster with flight MH17," Harbers said.

The ICAO Council can make rulings based on the Chicago Convention. According to the Netherlands and Australia, Russia violated this convention "by the unlawful use of a weapon against a civil aircraft," the Ministers said in a letter to parliament. The Cabinet has more MH17-related complaints procedures and lawsuits underway against Russia. According to the Cabinet, these are all separate processes that can run parallel.