Russia must make reparations for MH17, Australia says

Australian Foreign Minister Penny Wong has called for Russia to make reparations for the 2014 downing of Malaysia Airlines flight MH17, after the European Court of Human Rights found Moscow responsible for the tragedy.

The Strasbourg court on Wednesday found Russia failed to verify the target of a missile that shot down a Malaysia Airlines aircraft with 298 people on board over Ukraine's Donetsk region on July 17, 2014.

The ECHR also said that Moscow failed to protect the lives of those on board the Boeing 777, which was en route from Amsterdam to Kuala Lumpur when it was hit by an anti-aircraft missile fired by pro-Russian rebels.

All 298 people on board were killed, including 38 Australians, 96 Dutch nationals and four Germans. Russia denies responsibility for the incident.

"We welcome the European Court of Human Rights' ruling that Russia is responsible for the downing of Flight MH17," Wong said on X, calling it a "historic moment for the 298 victims and their loved ones".

In May, the council of the International Civil Aviation Organisation (ICAO) also found Russia responsible for the aircraft's downing under international air law, in a case brought by Australia and the Netherlands.

"This ruling follows the ICAO Council's decision in May that Russia is responsible and must negotiate with Australia and the Netherlands on full reparations," Wong said.

"We again call upon Russia to face up to its responsibility and make reparations for this horrific act."

The impact of the ECHR's decision is limited, as Russia does not recognise the court.

Two Russians and a Ukrainian were sentenced in absentia to life imprisonment by a Dutch court in 2022 for murder in 298 cases. Russia continues to deny any responsibility and refuses to extradite the men.

Russia was expelled from the Council of Europe following the 2022 invasion of Ukraine and is consequently no longer a member of the European Convention on Human Rights, which the court oversees.

However, the court - which is independent of the European Union - can still rule on incidents that occurred up to six months after expulsion.