The daughter of an Australian couple killed in the 2014 downing of Malaysian Airlines flight MH17 believes Australia and the Netherlands "had no other option" than to pursue legal against Russia.
Carol and Michael Clancy, from Kanahooka on the NSW south coast, died along with 296 other people when the flight was shot down on July 17, 2014.
Australia and the Netherlands launched the proceedings in the International Civil Aviation Organisation, naming Russia as responsible for the incident under international law.
Jane Malcolm said the federal government needed to continue to fight for accountability for not only her mother and stepfather but the other 36 other Australians who were killed by a Russian Buk-TELAR surface-to-air missile, which was transported from Russia to an agricultural field in the east of Ukraine - an area under the control of Russian-backed separatists.
"I wasn't surprised when I heard the announcement," she said. "I knew the government was trying negotiations first but Russia was not taking it seriously.
"The government really doesn't have another option. If they let it go, then it will be open season on all commercial aircraft.
"It was shot down eight years ago but we can't forget.
"If the government let it go then we have to ask if anyone would want to go on a holiday where a commercial plane can be shot down and those responsible have no consequences."
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Prime Minister Scott Morrison said the legal action was a major step forward in truth and accountability for a "horrific" act of violence.
"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," Mr Morrison said in a statement.
"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."
Australia and the Netherlands are seeking from the International Civil Aviation Organisation a declaration that Russia broke the civil aviation conventions, also known as the Chicago Convention.
The two nations are also seeking to order Russia into negotiations over the incident for reparations.
Mr Morrison said there was "overwhelming evidence" the missile belonged to Russia's 53rd anti-aircraft military brigade, and was accompanied by a trained Russian military crew.
Both countries said evidence showed the missile could only have been fired by the trained Russian crew, with the missile system later returned to Russia shortly after the incident.
The legal action carried out by both countries will come on top of Dutch prosecution of four suspects over their individual involvement in the incident.
Three Russian men and a Ukrainian man have been charged with murder.
"Myself and all the families are expecting the trial to go on for years," Ms Malcolm said.
"The men were not the ones who fired the missile nor did they order for it to be fired. They were [allegedly] involved in procuring the missile from Russia.
"The four men on trial won't be the last. I think more charges will be laid against others."
Ms Malcolm said the downing of the flight was a "small part" in the Russian war against Ukraine that began in 2014 with the invasion of Crimea.
"It is devastating to watch other people suffer now," she said.
"I really wish we had all taken Russia more seriously. We had almost no sanctions when they invaded Crimea or the downing of the plane. There was a lot of noise and talk and no real action.
"There was no reaction in the ballpark of what has happened now."
On Monday, Attorney-General Michaelia Cash said the pursuit of accountability was a priority not just for Australia but for the Netherlands as well.
"(The downing of the flight) caused tremendous grief and suffering to the next of kin of the victims, pain aggravated by the absence to date of any acknowledgement by Russia," she said.
"These rules must be upheld so people can fly safe in the knowledge that their lives will not be taken from them by deliberate acts of violence. Russia flouted these rules with tragic consequences."
The legal action over MH17 comes as several western nations have imposed crippling sanctions against Russia for their invasion of Ukraine.
"Russia's unprovoked and unjustified invasion of Ukraine and the escalation of its aggression underscores the need to continue our enduring effort to hold Russia to account for its blatant violation of international law and the UN Charter," Mr Morrison said.
Russia withdrew from negotiations with Australia and the Netherlands about MH17 in October 2020.
Russia did not return to the negotiating table, despite repeated requests from Australia and the Netherlands.
- with Australian Associated Press