Evidence Vladimir Putin approved the use in Ukraine of the missile system used to shoot down Malaysian Airlines flight MH17 conclusively establishes Russia’s involvement in the 2014 attack that cost 38 Australian lives, the Australian government says.
International prosecutors said in the Netherlands overnight there were “strong indications” the Russian president gave his consent to the use in Ukraine of the weaponry which took down the airliner in eastern Ukraine in 2014.
However proof of his involvement and that of other Russian officials is not concrete enough to merit criminal conviction and their probe will conclude without further prosecutions.
Russia has denied involvement in the attack, in which all 298 passengers and crew were killed.
“The findings of the District Court of The Hague unequivocally and conclusively establish Russia’s responsibility for the downing of MH17,” Foreign Minister Penny Wong and Attorney-General Mark Dreyfus said in a joint statement on Thursday morning.
“Australia remains committed to pursuing our ongoing case with the Netherlands in the International Civil Aviation Organization to hold Russia to account for its role in the downing of the civilian aircraft.”
Two former Russian intelligence agents and a Ukrainian separatist leader were convicted of murder in a Dutch court in November for helping arrange the Russian BUK missile system used to shoot the plane down.
Tried in absentia, they remain at large.
Although Ukrainian forces were fighting Russian-backed separatists in the eastern Donetsk province at the time of the attack, Russia denies military involvement in the conflict.
The Dutch court found the Russian government had in fact had “overall control” of separatist forces in Donetsk from May 2014.
However, investigators say they could not identify those specifically responsible for firing the missile system that struck the plane, which came from Russia’s 53rd brigade in Kursk.
They cited a 2014 phone intercept between Russian officials as evidence Putin’s approval was necessary before a request for equipment made by the separatists could be granted.
The Netherlands will continue to “call the Russian Federation to account” in international proceedings, which include complaints before the International Civil Aviation Organisation and the European Court of Human Rights.
Senator Wong and Mr Dreyfus said the conclusion of the Dutch-led international investigation into the case would no doubt be distressing for many.
“Our thoughts remain with those who lost their lives, their families and loved ones, and we acknowledge the distress they will be feeling with this announcement,” they said.
“We commend the work and professionalism of the Joint Investigation Team officials, including the Australian Federal Police, who have conducted rigorous investigations to support bringing those responsible to justice.”
Opposition foreign affairs spokesman Simon Birmingham said Russia’s actions in relation to the MH17 attack had been reprehensible.
“Tragically Russia has always sought to avoid any engagement in the proper processes that have been undertaken by authorities in the Netherlands and elsewhere to try to bring people to justice for this,” he told ABC radio.
By John Kidman in Sydney
