Russia asks the International Court of Justice to annul a 2025 ruling of the Council of the International Civil Aviation Organization (ICAO) on Flight MH17. In a case brought by Australia and the Netherlands, the Council found Russia responsible for shooting down the airliner over eastern Ukraine in 2014. Russia’s Memorial was due on June 29, 2026, and Australia and the Netherlands must file their Counter-Memorial by January 29, 2027.
Latest development Nov 27, 2025
On November 27, 2025, the International Court of Justice fixed June 29, 2026, for Russia’s Memorial. Australia and the Netherlands must file their Counter-Memorial by January 29, 2027. Russia had asked for 10 months and the respondents had proposed four.
Why it matters
Russia’s agent told the Court’s President that no ICAO Council decision on the merits had been appealed before. The Court will decide whether the Chicago Convention’s ban on using weapons against civil aircraft applies during armed conflict and whether the Council’s finding against Russia stands.
Background
On July 17, 2014, Malaysia Airlines Flight MH17 was shot down over eastern Ukraine, killing all 298 people on board, 196 of them Dutch nationals. On March 14, 2022, Australia and the Netherlands brought proceedings against Russia before the Council of the International Civil Aviation Organization (ICAO). They relied on Article 84 of the Convention on International Civil Aviation (the Chicago Convention). They alleged a breach of Article 3bis, which prohibits the use of weapons against civil aircraft in flight.
On May 12, 2025, a large majority of ICAO Council members voted that Russia was responsible for the downing and had violated the Chicago Convention. The Council’s decision is dated June 30, 2025. The Netherlands and Australia asked the Council to order Russia to negotiate reparation with them under its supervision. Separately, on July 9, 2025, the Grand Chamber of the European Court of Human Rights ruled in Ukraine and the Netherlands v. Russia. It held Russia responsible for the downing and found a violation of the victims’ right to life. It left the Netherlands’ claim for just satisfaction to a later stage.
On September 18, 2025, Russia appealed to the International Court of Justice under Article 84 of the Chicago Convention. It asks the Court to declare the Council’s decision null and void. Its main argument is that the Convention does not apply during armed conflict under Article 89, so the Council lacked jurisdiction. In the alternative, it challenges the Council’s standard of proof, its handling of evidence, and its attribution of conduct to Russia. Its Ministry of Foreign Affairs also said the Council relied on an investigation by an interested party, the Netherlands.
On November 27, 2025, the Court fixed June 29, 2026, for Russia’s Memorial and January 29, 2027, for the Counter-Memorial of Australia and the Netherlands. Russia had asked for 10 months, citing complex questions of law and fact, while Australia and the Netherlands proposed four months. The Court reserved the subsequent procedure.
Timeline 7 events
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Scheduled orderAustralia and the Netherlands file their Counter-Memorial
This is the time-limit the Court fixed in its order of November 27, 2025.
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OrderCourt fixes time-limits for the written pleadings
The Court set June 29, 2026, for Russia’s Memorial and January 29, 2027, for the Counter-Memorial of Australia and the Netherlands.
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AppealRussia appeals ICAO Council decision to the International Court of Justice
Russia asks the Court to declare the decision null and void, arguing mainly that the Chicago Convention does not apply during armed conflict.
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JudgmentEuropean Court of Human Rights holds Russia responsible for MH17
The Grand Chamber found that Russia violated the victims’ right to life and left the Netherlands’ claim for just satisfaction to a later stage.
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JudgmentICAO Council finds Russia responsible for downing MH17
A large majority of Council members voted for the position of Australia and the Netherlands. The Council’s decision is dated June 30, 2025.
Government of the NetherlandsInternational Court of Justice: case 201
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FilingAustralia and the Netherlands bring ICAO Council case against Russia
They filed under Article 84 of the Chicago Convention, alleging that Russia breached the ban on using weapons against civil aircraft in flight.
ICJ order of November 27, 2025 (via italaw)ASIL International Law in Brief
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OtherFlight MH17 is shot down over eastern Ukraine
All 298 people on board were killed, including 196 Dutch nationals.