Experts back push to make Russia pay for MH17

International law and strategic policy experts have backed the Morrison government’s decision to launch legal action against Russia over the downing of Malaysia Airlines Flight MH17.

Russian President Vladimir Putin. Picture: AFP

International law and strategic policy experts have backed the Morrison government’s decision to launch legal action against Russia over the downing of Malaysia Airlines Flight MH17, calling it “opportune” timing given wider pressure being placed on President Vladimir Putin by the international community following the invasion of Ukraine.

It comes after Labor committed bipartisan support for the push, with Anthony Albanese calling it an “important step forward in this fight” as he called for Russia to be held to account.

After a seven-year investi­gation, the government announced it would join with The Netherlands in a bid to seek millions of dollars in reparations for the missile strike on Fight MH17 in 2014 over east Ukraine, which killed 298 people including 38 Australians.

Legal proceedings were launched with the International Civil Aviation Organisation on behalf of the victims, and came alongside a fresh round of sanctions targeting 33 Russian oligarchs and prominent business identities who have “directly benefited from the Kremlin’s illegal and indefensible actions”.

University of Sydney Challis Chair of International Law Ben Saul said Russia ran the risk of having its air rights stripped under ICAO proceedings if it decided not to co-operate with the “binding” legal procedure.

“That would be very significant because Russia is a big civil aviation player so it could lose its capacity to influence those rules and governance arrangements,” Professor Saul said.

“I think it’s part of a much wider package of pressure being brought to bear on Russia, so the timing of this is opportune because there’s not a lot of sympathy for Russia out there at the moment … that will play into the sympathy for the victims of MH17 in terms of getting support from ICAO.

“No one can force Russia to do anything but this is part of maintaining pressure on Russia and holding on to the package of ­coercive measures in an attempt to isolate and stigmatise it after the invasion of Ukraine.”

Australian Strategic Policy Institute executive director Peter Jennings also backed the move to launch proceedings, saying families of victims would be able to recover compensation from Russia if the conflict in Ukraine led to the downfall of Mr Putin.

He said Mr Putin’s ­future was “in doubt” as a result of his ­“misjudgment” in Ukraine, and the fall of the president could lead to a more co-operative Russian government.

“I think it was a smart thing to do to get the legal process under way, and see what kind of Russia we will be dealing with after the war,” Mr Jennings said.

“I think Putin’s future is now in doubt as a result of his misjudgment in Ukraine, and I wouldn’t rule out that he will get deposed.”

Finance Minister Simon Birmingham said the push was the next “logical step” to holding Russia to account over its bloody invasion of Ukraine.