Attorney-General Michaelia Cash says Russia will be voiceless over MH17 attack

Australia has long vowed it “will not stop” until justice is achieved for the victims of MH17, and it’s hoped legal action rendering Russia “voiceless” on an international stage will finally hold it accountable.

Australia and the Netherlands will initiate legal action against Russia for the 2014 downing of the flight that killed nearly 300 people, including 38 Australians.

Attorney-General Michaelia Cash said Australia had maintained since May 2018 that Russia was responsible for the attack under international law.

Russia unilaterally withdrew from negotiations with Australia and the Netherlands in October 2020 and refused to return despite repeated requests.

Senator Cash on Tuesday said it was hoped the legal action, which has been launched in the International Civil Aviation Organisation – a United Nations agency – would prompt Russia to return to the table for negotiations and finally accept responsibility for the attack.

MH17 PRESS CONFERENCE
Foreign Affairs Minister Marise Payne and Attorney-General Michaelia Cash are determined to hold Russia to account. Credit: News Corp Australia, NCA NewsWire/ Gaye Gerard

“We will do everything that we can to ensure that they do (co-operate). And certainly on the international stage, having your voting rights suspended in an international body, is a very, very heavy price to pay,” Senator Cash told Channel 7.

“Russia will be voiceless in relation to the international civil aviation standards.

“We have always said that we will pursue every avenue possible to achieve justice for those victims of MH17, and this is the next step in that process. We will not stop.”

Senator Cash said it was hoped the action launched in ICAO would hold Russia accountable.

“The families of the victims need to hear that Russia is formally accountable,” Senator Cash said.

“We want Russia back at the negotiating table and we want their voting right in the ICAO to be suspended until the body is satisfied that these proceedings have reached a good outcome.”

Finance Mxjmtzywinister Simon Birmingham said the action could prompt financial reparations for the victims’ families.

“The families have suffered enormous, grievous losses and nothing will ever bring back their loved ones,” Senator Birmingham told ABC Radio.

“I suspect for many, an admission of guilt and an apology would perhaps be the best thing. But of course financial reparations for those who have lost income or those who have faced enormous suffering … These are not unreasonable expectations.”

Australia continues to ramp up sanctions against Russia as they continue to attack Ukraine, with sanctions against an additional 33 oligarchs with close ties to President Vladimir Putin announced on Monday.

“They are separate proceedings, but certainly Russia’s actions in relation to Ukraine and the invasion of Ukraine has just reinforced that the Australian government’s position on launching this legal action in the international civil aviation authority is the right one,” Senator Cash said.

MH17 FLIGHT PATH. Credit: WSJ Picture: Supplied
MH17 was gunned down in eastern Ukraine during a flight from Amsterdam to Kuala Lumpur. WSJ Credit: Supplied

Senator Birmingham said Australia would continue to remain in step with its like-minded partners in targeting Russia in a bid to de-escalate the conflict.

“It’s about continuing to operate in sync with the rest of the world … who have been applying sanctions to Russian individuals and entities,” Senator Birmingham said.

“This is about ensuring all of them feel maximum restraint and maximum pain where it can be applied.

“Very few have significant exposure to Australia, but we don’t want to leave Australia open as a gateway for them to move assets or … potentially travel.

“These sorts of restrictions are about making sure that we’re acting as strongly as we can with the rest of the world.”