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Dreyfus hails MH17 case against Russia
Federal Attorney-General Mark Dreyfus has called Australia’s decision to take legal action against Russia over MH17 a “major step” in the fight for justice.
Adam Thorn
Editor’s note: This story originally appeared on Lawyers Weekly’s sister brand, Australian Aviation.
In 2014, a Malaysia Airlines 777 was shot down while flying over eastern Ukraine, killing 298 people, including 38 Australians.
Russian separatists fighting Ukrainian forces following the annexation of Crimea were charged with firing the missile, but none agreed to attend the Dutch court.
In March, the previous federal government joined with the Netherlands to take legal action against the state of Russia, arguing there was now “overwhelming evidence” that the strike was ultimately the responsibility of the Russian Federation rather than just those individuals currently on trial.
A-G Dreyfus, speaking at the University of Melbourne last week, said Australia would remain “steadfast” in protecting the international rule of law.
In the same speech, he spoke about the importance of diversity in the judiciary.
“International organisations play a crucial part in ensuring accountability for breaches of international law by states and safeguarding the integrity of the international rules-based order,” he said.
“The initiation of legal proceedings by Australia and the Netherlands against the Russian Federation in the International Civil Aviation Organisation (ICAO) for its role in the downing of Malaysian Airlines flight MH17 on 17 July 2014 is one such example.
“ICAO was established in 1944 by the Chicago Convention.
“The ICAO Council, a permanent body of 36 states, elected every three years, is expressly endowed under Article 84 of the convention with the responsibility of resolving states’ disputes concerning the interpretation and application of the convention.
“The downing of MH17 was a clear breach of the Chicago Convention. In bringing our case to the ICAO Council, Australia and the Netherlands have taken a major step in the ongoing fight for truth, justice and accountability for this horrific act of violence, which claimed the lives of 298 victims, including 38 Australian citizens and residents.
“Russia’s war on Ukraine has underscored the need to continue our efforts to hold Russia to account for its actions.”
Three Russians have been charged over the incident — Sergei Dubinsky, Oleg Pulatov and Igor Girkin — alongside one Ukrainian, Leonid Kharchenko.
However, earlier this year, then foreign minister Marise Payne highlighted the transfer of the Buk TELAR surface-to-air missile system responsible for the deaths back to Russia soon after the crash as evidence the blame goes higher than the individuals directly involved.
“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,” Senator Payne said.
“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.
“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.”
The men charged have questioned the claim the missiles were fired from a field near the Ukrainian town of Pervomaiskyi. The Dutch court is expected to hand down its verdict in November.
It’s also been recently reported that Igor Girkin, now known as Igor Strelkov, has been “made a commander in Vladimir Putin’s frontline forces fighting in Ukraine”.
