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Azerbaijan’s Bold Move: Seeking Justice Against Russia

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On December 25, 2024, Azerbaijan Airlines Flight J2-8243 crashed near Aktau, Kazakhstan, claiming 38 lives and leaving 29 survivors. Seven months later, Azerbaijani President Ilham Aliyev announced plans to file international lawsuits against Russia, alleging the plane was shot down by a Russian missile.

The Aktau Crash: What Happened?

Flight J2-8243, an Embraer E190 en route from Baku to Grozny, was diverted across the Caspian Sea after encountering “external physical and technical interference” in Russian airspace. The plane crashed while attempting an emergency landing in Aktau, with shrapnel damage and GPS jamming pointing to a Russian Pantsir-S air defense missile as the cause. Survivors reported hearing explosions mid-flight, and wreckage photos showed a fuselage riddled with holes, contradicting early Russian claims of a bird strike or gas cylinder explosion.

Azerbaijan’s Case: A Demand for Accountability

President Aliyev has been vocal about Russia’s role, stating, “We know what happened, and we can prove it. Russian officials know what happened.” Azerbaijan’s demands are clear: a formal admission of guilt, prosecution of those responsible, and compensation for victims’ families and Azerbaijan Airlines (AZAL). Aliyev referenced the 2014 Malaysia Airlines Flight MH17 disaster, vowing to pursue justice even if it takes a decade. A preliminary report from February 2025 confirmed the missile strike, and Azerbaijan claims to possess a fragment of the Pantsir-S missile as evidence.

Why the Lawsuit Matters

Azerbaijan’s decision to take Russia to international courts is a bold move, signaling a shift from diplomacy to legal confrontation. The lawsuit aims to hold Russia accountable under international law, potentially at forums like the International Court of Justice (ICJ) or aviation-specific bodies like the International Civil Aviation Organization (ICAO). This action could set a precedent for addressing state responsibility in aviation disasters, especially in conflict zones.

Russia’s Response: Apologies Without Admission

Russian President Vladimir Putin apologized on December 28, 2024, calling the crash a “tragic incident” but stopping short of admitting fault. The Kremlin acknowledged air defense activity near Grozny to counter Ukrainian drone attacks but has maintained that the investigation is ongoing. Initial Russian narratives, including a bird strike theory, were dismissed by Aliyev as “delirious” attempts to obscure the truth. This lack of transparency has fueled Azerbaijan’s resolve to seek international recourse.

Geopolitical Context: A Strained Alliance

Azerbaijan and Russia, traditionally allies, have seen ties deteriorate since the crash. Aliyev’s public criticism, coupled with Azerbaijan’s support for Ukraine’s territorial integrity, has added tension. Posts on X reflect growing sentiment that Azerbaijan’s lawsuit is not just about the crash but also a stand against Russian influence in the region. The crash’s timing, amid Russia’s war with Ukraine and drone activity in Chechnya, underscores the risks of operating civilian flights near conflict zones.

The Human Cost: Heroes and Victims

The tragedy’s human toll is profound. The pilots, Captain Igor Kshnyakin and co-pilot Alexander Kalyaninov, along with flight attendant Hokuma Aliyeva, were posthumously honored as National Heroes of Azerbaijan for their efforts to save survivors despite a depressurized cabin and severe damage. Survivors, including two children, faced critical injuries, and families await closure. Azerbaijan’s lawsuit seeks not only financial compensation but also justice for those lost and injured.

What’s Next for Azerbaijan’s Legal Battle?

Azerbaijan has informed Russia of its dossier preparation, signaling a meticulous approach to the lawsuit. The case could take years, drawing parallels to the prolonged MH17 investigation. Key challenges include:

Proving Intent: While Aliyev insists the act was unintentional, establishing negligence or recklessness by Russian forces is critical.

International Support: Azerbaijan may need backing from allies like Ukraine, which has expressed solidarity, to strengthen its case.

Geopolitical Fallout: The lawsuit could further strain Russia-Azerbaijan relations, impacting trade and regional cooperation.

The investigation, involving Azerbaijan, Russia, and Kazakhstan, continues, with black box data sent to Brazil for analysis.

Why This Matters Globally

The Aktau crash highlights the dangers of civilian aviation in conflict zones, a recurring issue since MH17. It raises questions about air defense protocols, electronic warfare, and the responsibility of states to protect civilian aircraft. Azerbaijan’s lawsuit could push for stricter international regulations, ensuring accountability and safer skies. For now, the world watches as Baku challenges Moscow on a global stage.

Azerbaijan’s pursuit of international lawsuits against Russia over the Aktau plane crash is a defining moment for justice and accountability in aviation disasters. With evidence pointing to a Russian missile and a lack of clear answers from Moscow, President Aliyev’s resolve signals a new chapter in Russia-Azerbaijan relations. As the legal battle looms, the world awaits answers for the 38 lives lost and the survivors seeking justice.

Mark J Willière
Mark J Willière
Mark J Williere, is a Freelance Journalist based in Brussels, Capital of Belgium and regularly contribute the THINK TANK JOURNAL

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