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Australia and Netherlands launch new legal case against Russia over MH17

Tom McIlroy

Australia and the Netherlands have launched new legal action against Russia over the 2014 downing of flight MH17, challenging Vladimir Putin in the International Civil Aviation Organisation.

Prime Minister Scott Morrison, Foreign Minister Marise Payne and Attorney-General Michaelia Cash made the announcement in co-ordination with Dutch authorities on Monday night.

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MH17 was flying from Amsterdam to Kuala Lumpur when it was hit by a Russian surface-to-air missile, from across the Ukrainian border.

Among the 298 people killed on the Boeing 777 were 38 Australians.

Australia and the Netherlands allege the Russian Federation is responsible under international law for the downing of the flight and want the new legal action to deliver justice for families of the victims.

“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,” Mr Morrison and Senator Payne said in a statement.

“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.”

Australia and the Netherlands will rely on what the two countries call “overwhelming evidence” that the flight was shot down by a Russian Buk-TELAR surface-to-air missile system, transported from Russia to an agricultural field in the east of Ukraine under the control of Russian-backed separatists.

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    Original URL: https://www.afr.com/politics/federal/russian-airstrikes-bring-war-close-to-nato-s-border-20220314-p5a4bt