BRUSSELS — Russia’s attempt to regain access to the governing body of the U.N.’s aviation agency despite being held responsible for shooting down a civilian airliner and stealing hundreds of airplanes is being met with fierce resistance from the European Union.
The battle comes to a head on Tuesday, when the International Civil Aviation Organization opens its assembly in Montreal.
This triennial gathering of the organization’s 193 member countries will discuss new targets for the sector and elect 36 states to serve on the council — ICAO’s governing body from which Russia was expelled in 2022.
Back then, Moscow’s illegal confiscation of leased airplanes at the start of its war against Ukraine was enough to convince most governments not to elect Russia to the council.
The Kremlin is now pushing its candidacy to be part of the body again, presenting itself as “the largest aviation power, with a history of civil aviation reaching back more than a hundred years.”
The EU — which three years ago celebrated Moscow’s expulsion from the council — is on high alert.
“It is unacceptable that a state which endangers the safety and security of air passengers and violates international rules should hold a seat on the organisation’s governing body, tasked with upholding those very rules,” said Anna-Kaisa Itkonen, the Commission’s spokesperson for transport matters.
Dariusz Joński, a member of the European Parliament and part of a delegation of MEPs representing the EU at the assembly, said: “Russia’s candidacy is incompatible with the credibility of ICAO.”
He underlined that Russia isn’t fit to be on the ICAO Council.
“These responsibilities cannot be exercised by a state that systematically violates international law, undermines international security, and disregards the very principles on which ICAO was founded,” Joński added.
“We call on all member states to send a clear signal: the international community will not reward aggression, lawlessness, or disregard for civil aviation safety with a seat on the Council,” said the Polish parliamentarian from the center-right European People’s Party.
Joński is echoed by his colleague Johan Danielsson of the Socialists and Democrats.
“The situation has not improved since 2022, when they were voted out,” he said.
“There are simply no arguments for letting them back in,” he added, noting that “given Russia’s ongoing war and repeated violations of airspace, it would be almost ironic if they were rewarded with a seat on the ICAO Council.”
Three years ago, Russia received 80 votes, six fewer than what was needed to remain on the council.
International prestige
For a country that controls the largest airspace in the world, a seat on the ICAO Council is as much about prestige as about doing aviation business, and there are plenty of reasons why Moscow is making this push as it tries to regain the diplomatic initiative after years of setbacks.
“First, to be voted off was very embarrassing for Russia,” said Andrew Charlton, managing director of the Aviation Advocacy consultancy. “They no doubt want to reverse that ‘shame.’”
In addition, a potential return to the ICAO Council “will be the start of Russia trying to legitimize its actions to change the state of registry of the leased aircraft that were trapped in Russia when the airspace was closed” at the beginning of the invasion of Ukraine, he added.
There are also more strategic goals that could help the Kremlin and its allies create the perception that they have a tailwind.
“In pure geopolitical terms, it would be seen as accepting the invasion of Ukraine as ‘part of the way the world works,’” Charlton said. “Finally, it will strengthen the existence of, and relevance of the BRICS grouping as a bloc with power,” he added, referring to the developing country bloc led by Brazil, Russia, India, China and South Africa.
Charles Stotler, director of the Center for Air and Space Law at the University of Mississippi, underlined that Russia needs the backing of a majority of member countries to get on to the council.
“The council has three tiers, each elected in three separate votes,” Stotler said, noting the first tier is composed of countries that “are considered to be of ‘chief importance to air transport.’”
Russia has traditionally been part of this group.
The second tier is made of countries that make large contributions to the provision of air navigation facilities, and the third tier is chosen for equitable geographic distribution.
“At the last assembly, Western states lobbied against Russia’s inclusion,” Stotler said, referring to the election for the first tier in 2022.
After being defeated, “Russia could have put itself forward for election as a tier two or three state but did not, probably because the vote would have been similar, and even if elected into tiers two or three, it would have been a step down in prestige.”
Now, Moscow wants its top-tier seat back, even if it means clashing with the current council to get there.
Shooting down MH17
In May, the ICAO Council blamed Russia for the downing of Malaysia Airlines Flight MH17. It found that Russia had failed to “refrain from resorting to the use of weapons against civil aircraft in flight.”
On July 17, 2014, the airliner carrying 298 people — two-thirds of whom were Dutch nationals — from Amsterdam to Kuala Lumpur was hit by a surface-to-air missile over Russian-controlled eastern Ukraine, leaving no survivors.
“That was the first time in the history of ICAO that the council reached a decision on the merits,” Stotler said. Russia still might have been condemned even it was still on the council, as members of the body have no veto power.
Russia appealed the decision on Sept. 18, bringing the case to the International Court of Justice.
“We are aware of media reports that Russia is appealing their exclusion from the ICAO Council with the ICJ. We await further communication from the Court on this topic, and will study the Russian objections,” said Richard Funnekotter, spokesperson of the Dutch infrastructure ministry.
“In May, the ICAO Council’s decided that ‘the Russian Federation is responsible for the downing of Flight MH17 and has thus violated the Convention on International Civil Aviation.’ That has not changed,” he added.
This article has been updated.
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