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Russia Takes MH17 Case to ICJ, Seeking to Overturn ICAO Ruling

The appeal shifts the long‑running MH17 accountability fight into a prolonged ICJ review.

Overview

  • Russia filed an appeal to the International Court of Justice under Article 84 of the Chicago Convention challenging the ICAO Council’s May 2025 decision on MH17.
  • The filing contests jurisdiction, applicable law, factual findings and procedure, invoking Article 89 on wartime freedom of action and arguing Article 3 bis does not govern the shootdown.
  • Moscow also attacks the Joint Investigation Team’s independence, claims Ukraine failed to close its airspace, and suggests the Buk system was captured from Ukrainian forces.
  • Russia asserts the ICAO decision has not entered into force while challenged, as Australia and the Netherlands press for remedies and reparations.
  • The ICAO ruling followed years of findings including the 2016 Dutch‑led conclusion that a Russia‑supplied Buk downed MH17, 2022 Hague convictions in absentia, and a July 2025 ECHR liability ruling.