MH17: The Netherlands and Australia hold Russia responsible



State responsibility comes into play when states fail to uphold the provisions of international law. A state can then be held responsible for breaching one or more of those provisions. This is the legal avenue that the Netherlands and Australia have now chosen to pursue. Both countries hold Russia responsible for its part in the downing of flight MH17.

Holding a state responsible is a complex legal process, and there are several ways to do this. The Netherlands and Australia today asked Russia to enter into talks aimed at finding a solution that would do justice to the tremendous suffering and damage caused by the downing of MH17. A possible next step is to present the case to an international court or organisation for their judgment.

Holding Russia accountable for its part in the downing of flight MH17 on the basis of international law is a course of action that is separate from the criminal investigation and any prosecution and trial of the perpetrators of the downing of flight MH17. The investigation by the JIT continues, and it is up to the Public Prosecution Service to decide if and when individuals will be identified as suspects and indicted.

‘We call on Russia to accept its responsibility and cooperate fully with the process to establish the truth and achieve justice for the victims of flight MH17 and their next of kin,’ said the minister.