Delivering International Criminal Justice through Domestic Law? The Case of Flight MH17

Abstract

Abstract In July 2014, 298 civilians aboard Malaysia Airlines Flight MH17 were killed when their aircraft was shot down over an active war zone in eastern Ukraine. Since that time, a Joint Investigative Taskforce has worked to unearth the facts of the incident. A trial is underway in the Netherlands against four suspects accused of shooting down the passenger plane and murdering all on board, although its progress has been slowed by the COVID-19 pandemic. This article evaluates the means chosen by the Joint Investigative Taskforce and Dutch prosecutors to attribute criminal responsibility through the lens of international criminal justice. We consider the unique circumstances of the case including the collection of evidence in a conflict zone, the choice of legal forum and charges, the trial in absentia of the accused, the recognition of victims’ families’ rights to justice and the potential implication of the Russian Federation in the prosecution. In July 2014, 298 civilians aboard Malaysia Airlines Flight MH17 were killed when their aircraft was shot down over an active war zone in eastern Ukraine. Since that time, a Joint Investigative Taskforce has worked to unearth the facts of the incident. A trial is underway in the Netherlands against four suspects accused of shooting down the passenger plane and murdering all on board, although its progress has been slowed by the COVID-19 pandemic. This article evaluates the means chosen by the Joint Investigative Taskforce and Dutch prosecutors to attribute criminal responsibility through the lens of international criminal justice. We consider the unique circumstances of the case including the collection of evidence in a conflict zone, the choice of legal forum and charges, the trial in absentia of the accused, the recognition of victims’ families’ rights to justice and the potential implication of the Russian Federation in the prosecution.