Top European court rules Russia shot down MH17, 'fabricated information' about tragedy which killed 38 Australian citizens

Sky News AU

2 days ago

The European Court of Human Rights has unanimously ruled Russia was responsible for shooting down Malaysia Airlines Flight 17, as well as taking "obstructive" steps to prevent investigators learning the truth about the tragedy.
Flight MH17 was shot down over Ukraine on July 17, 2024 around 50 kilometres from the border with Russia, killing all 283 passengers and 15 members of the plane's crew.
Among the dead were 38 Australian citizens and residents.
Numerous investigations have been launched into the tragedy, with Russia repeatedly denying any involvement despite multiple findings it supplied the surface-to-air missiles used to bring down the plane.
The ECHR's ruling on Wednesday, local time, further affirmed those findings, despite fresh protestations from the Kremlin.
"Russia had failed to take any measures to ensure accurate verification of the target of the missile or to safeguard the lives of those on board, showing a cavalier attitude to civilians at risk from its hostile activities," the court said in its judgement.
"It had also failed to carry out an effective investigation into the downing and had failed to cooperate with the JIT (international joint investigation team), disclosing inaccurate or fabricated information and adopting an obstructive approach to attempts to uncover the cause and circumstances of the crash."
The ECHR also found Russia's consistent denials over its involvement had inflicted further harm on the families of victims.
This was on top of the "profound grief and distress" caused by its initial response, which left relatives waiting eight months for the bodies of loved ones to be recovered.
Despite the ruling, it remains unlikely the perpetrators of the tragedy will ever be brought to justice.
A Dutch court convicted two Russians and a Ukrainians over the crash in 2022, but the trio were tried in absentia - meaning they remain at large and will likely never serve their life sentences.
Other investigations into the tragedy have also found Russia responsible, without imposing enforceable sanctions on those responsible.
In May this year, the United Nations International Civil Aviation Organization found Russia was behind the crash, ruling it broke international law by using weapons against a civilian aircraft.
While the ICAO has the power to determine remedies, there are limits to how the organisation can enforce any punishments without full cooperation from other members of the international community.
For its part, Russia has continued to reject any and all suggestions it should be held accountable for the tragedy.
The Kremlin described the Dutch criminal case as "scandalous" and spokesperson Dmitry Peskov moved to preemptively shut down the ECHR before it delivered its ruling on Wednesday.
"We consider them null and void," he said.