Australia is launching legal action against Russia for the downing of Malaysia Airlines flight MH17 in 2014.
In joint action initiated tonight with the Netherlands, the Russian Federation is accused of being responsible under international law for the downing of MH17, which claimed the lives of 298 victims, 38 of whom called Australia home.
Foreign Affairs Minister Marise Payne and Attorney-General Michaelia Cash made the announcement tonight.
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"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," the ministers said in a statement.
The action will be taken in the International Civil Aviation Organisation.
The ministers said Australia and the Netherlands will rely on overwhelming evidence that:
- Flight MH17 was shot down by a Russian Buk-TELAR surface-to-air missile system
- The missile system was transported from Russia to an agricultural field in the east of Ukraine on the morning of July 17, 2014 – an area under the control of Russian-backed separatists
- The missile system belonged to the Russian Federation's 53rd Anti-Aircraft Military Brigade, and was accompanied by a trained Russian military crew
- From the launch site, the Buk-TELAR fired the missile that shot down Flight MH17, killing all 298 people on board
- The missile could only have been fired by the trained Russian crew of the Buk-TELAR, or at least by someone acting under their instruction, direction or control
- The Buk missile system was returned to the Russian Federation shortly after the downing of Flight MH17
Tony Abbott, who was prime minister when MH17 was shot down, said in a statement posted on Twitter "it's been obvious since July 2014" that the victims "were dead at Russia's hands".
"The denials from Vladimir Putin down are simply bare-faced lies."
Ms Payne and Ms Cash said Russia unilaterally withdrew from negotiations with Australia and the Netherlands in October 2020 and had refused to return to the negotiating table.
"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.
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"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.
"Russia's unprovoked and unjustified invasion of Ukraine and the escalation of its aggression underscores the need to continue our 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. "