On September 18, 2025, the Russian Federation filed [3] an application before the International Court of Justice (ICJ), appealing a decision [4] of the Council of the International Civil Aviation Organization (ICAO).

The underlying dispute concerned the downing of Malaysia Airlines Flight MH17 over eastern Ukraine on July 17, 2014. In March 2022, Australia and the Netherlands initiated the proceedings before the ICAO Council, under Article 84 of the Convention on International Civil Aviation (Chicago Convention). The submission alleged that Russia violated its obligations under the Chicago Convention, specifically Article 3bis, which prohibits use of weapons against civil aircraft in flight. On 30 June, 2025, the ICAO Council, exercising its dispute settlement function, found that Russia breached its obligations under the Convention.

Russia appealed the ICAO Council’s decision to the ICJ under Article 84 of the Chicago Convention, in conjunction with Article 36(1) of the ICJ Statute. In its Application, Russia asks the Court to declare the Council’s final decision null and void. Russia argues that the Chicago Convention is inapplicable during armed conflict under Article 89 and that the Council therefore lacked jurisdiction to adjudicate the dispute. Alternatively and subsidiarily, Russia challenges the Council’s assessment of the standard of proof, its handling of evidence, the attribution of conduct, and the scope of its decision-making powers.

The case marks the first time that the ICJ will review an ICAO Council decision related to an aerial incident involving allegations of state responsibility for the use of force against a civil aircraft in flight.