An international law expert has weighed in on the timing of Australia’s legal action against Russia over the downing of Malaysia Airlines Flight MH17.

Australia and the Netherlands are suing Russia in the International Civil Aviation Organisation for the 2014 incident, which killed 298 people.

Both Australia and the Netherlands say there is “overwhelming evidence” that Russia was responsible for organising and firing the missile that downed the plane.

One of Australia’s leading experts in international law, Professor Don Rothwell from the Australian National University shared his understanding of the timing of the legal action.

“It’s important for everyone to understand there has already been an ongoing legal process, a criminal trial that’s been undertaken in the Netherlands against four individuals who the Netherlands alleges are criminally responsible of the firing of the missile which brought down MH17, that’s a criminal legal process that revolves around individual criminal responsibility.”

“What we are talking about the Australia-Netherlands action is action against the Russian state, effectively what Australia and the Netherlands is saying is that Russia is responsible in international law … for assisting, collaborating and providing the BUK missile which brought down MH17.”

He says in his view it’s not coincidental that the legal action is happening now.

“Certainly I think we can say that the events of the last few weeks in the Ukraine and indeed the connection with the downing of MH17 and Ukraine has been a further catalyst for why Australia and the Netherlands have taken this step as of yesterday.”

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