SYDNEY: Australia and the Netherlands have launched legal proceedings against Russia on Monday (Mar 14) over the downing of Malaysia Airlines flight MH17, which killed 298 people in 2014.
What’s so unusual about this new legal action is that it’s being brought before the International Civil Aviation Organisation (ICAO).
Australia, the Netherlands and Russia are all contracting parties to what is known as the Chicago Convention of 1944, which set up the ICAO to provide standards and recommended practices for international aviation.
Normally, proceedings like this would be brought in domestic courts like the existing prosecution being mounted by the Dutch authorities against the four individuals they believe were responsible for the downing of MH17.
But the ICAO is a body responsible for setting standards for international aviation and doesn’t frequently settle disputes between nations.
ICAO DOESN’T POLICE THE SKIES
The ICAO has been quite successful in its role. There are 192 nations that are contracting members to the Chicago Convention and are obliged to comply with its various standards and recommended practices.
And we have a very harmonised international aviation sector as a result, with requirements for flight crew licensing, aircraft manufacturing and environmental regulations that are all routinely met by the member states.
The ICAO does have provisions for settling disputes between member countries under article 84 of the convention. This is where the Australian and Dutch authorities have brought their action.
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