In October 2020, Russia unilaterally withdrew from negotiations with Australia and the Netherlands regarding Flight MH17, refusing to return to the negotiating table despite repeated requests.
"The Russian Federation's refusal to take responsibility for its role in the downing of Flight MH17 is unacceptable and the Australian government has always said that it will not exclude any legal options in our pursuit of justice," the statement said.
"Russia's unprovoked and unjustified invasion of Ukraine and the escalation of its aggression underscores the need to continue our enduring efforts to hold Russia to account for its blatant violation of international law and the UN Charter, including threats to Ukraine's sovereignty and airspace.
The joint action by Australia and the Netherlands under Article 84 of the Convention on International Civil Aviation will rely on overwhelming evidence that:
• The doomed Malaysia Airlines flight was shot down by a Russian Buk-Telar surface-to-air missile system
• The missile system was transported from Russia to an agricultural field in the east of Ukraine on the morning of July 17, 2014 – an area under the control of Russian-backed separatists
• The missile system belonged to the Russian Federation's 53rd Anti-Aircraft Military Brigade, and was accompanied by a trained Russian military crew
• The Buk-Telar fired the missile that shot down Flight MH17
• The missile could only have been fired by the trained Russian crew of the Buk-Telar, or at least by someone acting under their instruction, direction or control
• The Buk missile system was returned to the Russian Federation shortly after the downing of Flight MH17
"While we cannot take away the grief of those whose loved ones died as a result of Russia's actions, the Australian government will pursue every available avenue to ensure Russia is held to account so that this horrific act never happens again," the joint statement said.
This legal action is in addition to the Dutch national prosecution of four suspects for their individual criminal responsibility in the downing of Flight MH17.
Prosecutors have called for life sentences for Russians Igor Girkin, Sergey Dubinsky and Igor Pulatov, as well as Ukrainian Leonid Kharchenko, who are being tried in absentia.
They were officials in the pro-Russian Donetsk People's Republic fighting for independence from Ukraine.
Earlier on Monday, Senator Payne announced fresh sanctions would be slapped on 33 Russian oligarchs and some of their wives and children due to the war in Ukraine.
Among them is Chelsea Football Club owner Roman Abramovich.
