Flight MH 17: The Legal and Regulatory Fallout

Abstract

On Tuesday 29 July 2014, the International Civil Aviation Organization (ICAO), the International Air Transport Association (IATA), Airports Council International (ACI) and the Civil Air Navigation Services Organization (CANSO) met at ICAO's headquarters to address risks to civil aviation arising from conflict zones. The meeting was a direct response to the shooting down of a Malaysian Airlines Boeing 777 aircraft operating flight MH 17 from Amsterdam to Kuala Lumpur on 17 July 2014, and carrying 283 passengers and 15 crew. All on board perished. The four Organizations in a joint statement issued at the end of the meeting said: 'we have met at ICAO today with collective resolve to urgently review the issues and potential responses to be pursued'. The statement recognized that in the aftermath of the MH 17 disaster and as a response, ICAO had reminded its Member States of their responsibilities to address any potential risks to civil aviation in their airspace. The four parties to the meeting agreed upon the importance of ICAO's work, in the context of the subject, in urgently working with its Member States, in coordination with the aviation industry and other bodies within the United Nations, to ensure 'the right information reaches the right people at the right time'. This article examines the legal principles applicable to the shooting down of the aircraft and the regulatory background relating to the possibilities of the objective of ensuring the timely dissemination of threat information.