Opinion | Malaysia Airlines flight MH17: how much power does ICAO have to punish Russia for downing plane?

Australia and the Netherlands have dragged Moscow to the International Civil Aviation Organisation over the country’s alleged role in the 2014 crash

ICAO, responsible for setting aviation standards, can tell Russia that it must return to the stalled talks but it doesn’t frequently settle disputes between nations

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The wreckage of the Malaysia Airlines flight MH17 at the crash site in Hrabove, eastern Ukraine. File photo: Reuters

Published: 1:22pm, 16 Mar 2022

Australia and the Netherlands have launched legal proceedings against Russia over the downing of flight MH17, which killed 298 people in 2014.

What’s so unusual about this new legal action is that it’s being brought before the International Civil Aviation Organisation (ICAO). Australia, the Netherlands and Russia are all contracting parties to what is known as the Chicago Convention of 1944, which set up the ICAO to provide standards and recommended practices for international aviation.

Normally, proceedings like this would be brought in domestic courts like the existing prosecution being mounted by the Dutch authorities against the four individuals they believe were responsible for the downing of MH17.

But the ICAO is a body responsible for setting standards for international aviation and doesn’t frequently settle disputes between nations.

ICAO doesn’t police the skies

The ICAO has been quite successful in its role. There are 192 nations that are contracting members to the Chicago Convention and are obliged to comply with its various standards and recommended practices.