1434th meeting of the OSCE Permanent Council - 9th anniversary of the downing of MH17

1434th meeting of the OSCE Permanent Council

Ninth anniversary of the downing of MH17

Statement by H.E Ambassador Ian Biggs, Australia’s Permanent Representative to the United Nations and International Organisations in Vienna

20 July 2023

Thank you, Chair.

Australia fully aligns itself with the statements delivered by the Netherlands and the European Union on the downing of Malaysia Airlines Flight MH17.

Monday marked nine years since the downing of Flight MH17, an horrific act which resulted in the tragic deaths of 298 people, 38 of whom called Australia home.

Australia is steadfast in our enduring commitment to seek truth, justice and accountability, including on behalf of the victims of the downing.

Australia, along with our international partners, has made substantial progress in this commitment over the last year.

Together with the Netherlands, Australia is pursuing justice through the International Civil Aviation Organization (ICAO) Council against Russia for the downing of Flight MH17.

The strong body of evidence presented by the Joint Investigation Team, comprised of investigative agencies from Australia, Belgium, Malaysia, the Netherlands and Ukraine, and relied upon in our ICAO case, clearly establishes Russia’s responsibility for the downing under international law, a position Australia and the Netherlands have maintained since 2018.

In March this year, the ICAO Council upheld the Council's jurisdiction to hear our case. This is an important step in our pursuit of accountability for Russia’s role in the downing.

In November 2022, the District Court of The Hague made unequivocal and conclusive findings of Russia's involvement in the downing of Flight MH17, and findings of guilt against Igor Girkin, Sergey Dubinskiy and Leonid Kharchenko.

The Australian Government worked closely with the Netherlands and the European Union to coordinate sanctions on persons involved in the downing of MH17.

The sanctions, announced last month, ensure that all three of those convicted in The Hague are now sanctioned by Australia.

Australia also sanctioned Sergey Muchkaev, a Colonel with the Russian Armed Forces, who in July 2014 was the Commander of the 53rd Anti-Aircraft Missile Brigade which supplied the Buk-TELAR that downed Flight MH17.

Russia must take responsibility for the role it played in this horrific act of violence, and stop harbouring those who contributed to the downing of Flight MH17 and the murder of all on board.

In the interests of the safety of global civil aviation we must ensure that such an act is never repeated. We call on Russia to cooperate fully with accountability processes, and accept responsibility under international law.

Australia continues to condemn in the strongest possible terms Russia’s illegal and immoral invasion of Ukraine. It is an ongoing and painful reminder of the tragic circumstances surrounding the downing of Flight MH17.

Our thoughts remain with those who lost their lives, and their families and loved ones, and reiterate Australia’s commitment to pursuing truth, justice and accountability for the downing.

Thank you, Chair.