Flight MH 17 and state responsibility for ensuring safety and security of air transport
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On 14 and 15 August 2014, The Task Force on Risks to Civil Aviation arising from Conflict Zones (TF RCZ) convened by the International Civil Aviation Organization (ICAO) had its first meeting on refining the roles and procedures relating to the mitigation of conflict zone risk in civilian airspace. The quickly scrambled Task Force—a group of specialists—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. It has been established that the aircraft was downed by a surface to air missile fired while the aircraft was flying over Ukrainian territory.
The fundamental principle governing the destruction of the Malaysian airliner lies in Article 3 bis of the Convention on International Civil Aviation (Chicago Convention)1which provides that contracting States recognize that every State must refrain from resorting...