I have the honour of writing to you, also on behalf of the Permanent Representatives of Australia, Belgium, Malaysia and Ukraine to the United Nations, with reference to Security Council resolution 2166 (2014) and to my previous letters to the President of the Council dated 1 and 28 August, 9 September and 16 December 2014, 20 July and 13 October 2015, 28 September 2016, 5 July 2017, 24 and 25 May 2018, 20 June 2019, 6 March 2020, 10 January, 23 March and 10 May 2023, and 25 June 2024. I have the honour to inform you as follows.

On 17 July 2014, 298 innocent people of 17 nationalities, including 80 children, lost their lives as a result of the downing of Malaysia Airlines flight MH17. They are forever in our memory. Our deepest sympathies go out to the families and loved ones of the victims of this disaster.

On 12 May 2025, the Council of the International Civil Aviation Organization (ICAO) decided in favour of the Kingdom of the Netherlands and Australia’s claim that the Russian Federation, through its conduct, breached article 3 bis of the Convention on International Civil Aviation (Chicago Convention), which prohibits the use of weapons against civil aircraft in flight, and that Russia is responsible under international law for the downing of flight MH17.

The ICAO Council ordered the parties to the case – Australia and the Kingdom of the Netherlands, on the one hand, and the Russian Federation, on the other – to immediately enter into good faith negotiations to resolve expeditiously the matters of full reparations and other legal consequences arising from the Russian Federation’s breach of international law. On 30 June 2025, the ICAO Council rendered its decision in writing.

In accordance with the ICAO Council’s decision, the Kingdom of the Netherlands and Australia have formally requested the Russian Federation to enter into good faith negotiations on full reparations for the downing of flight MH17. Since 2018, Australia and the Kingdom of the Netherlands have maintained that the Russian Federation is responsible for the downing of flight MH17 and have been committed to engaging in good faith negotiations with the Russian Federation, in the hope of providing justice to the families and loved ones of the victims.

This is the first time in the history of ICAO that a decision has been rendered by the ICAO Council on the merits of a dispute under its dispute settlement function pursuant to article 84 of the Chicago Convention. We would like to commend the ICAO Council and the President of the ICAO Council for their groundbreaking work and their thorough and careful consideration of the case.

On 18 September 2025, the Russian Federation filed an application against Australia and the Netherlands before the International Court of Justice constituting an appeal against the decision by the ICAO Council of 30 June 2025.

On 9 July 2025, the European Court of Human Rights ruled that the Russian Federation is responsible for the downing of flight MH17 and the deaths of all 298 victims on board, including 196 Dutch nationals. The Court ruled that the Russian Federation is also responsible for the additional suffering that it caused to the relatives of the victims by continuing to deny any involvement and obstructing the investigation into the downing of flight MH17.

The proceedings before the European Court of Human Rights have so far focused on establishing human rights violations. As for the consequences of these violations, the Court has noted that any future award for just satisfaction would have to give regard to the processing of the individual applications lodged before the European Court of Human Rights as well as developments in the proceedings before the ICAO Council.

The findings by two international bodies, the ICAO Council and the European Court of Human Rights, are major steps towards truth, justice and accountability for all victims of flight MH17 across the world, their families and loved ones. We owe it to the memory of the victims, and to those who are grieving, to support truth, justice and accountability for the downing of flight MH17, pursuant to Security Council resolution 2166 (2014).

I should be grateful if you would have the present letter circulated as a document of the Security Council.