In March 2020, Dutch investigators issued arrest warrants for four men—three Russians and one Ukrainian—to bring them to stand trial for the shooting down of Malaysian Airlines Flight 17 (MH17).
All four men are believed to be linked to a pro-Moscow separatist group in eastern Ukraine.
The trial is taking place within the Dutch legal system and began on March 9 but is currently adjourned pending further investigation. The court recently decided, though, to allow thirteen witnesses to make a statement against the defendants anonymously, in light of the threats to their safety the witnesses would face if identified. Follow up hearings are expected to continue in June; however, due to the COVID-19 pandemic, uncertainty remains as to whether the scheduled hearings will proceed. Delayed trial proceedings will extend the time before the victims and their families may see justice.
THE 2014 TRAGEDY
In 2014, tragedy struck when a Malaysian Airlines passenger plane, flying from Amsterdam to Kuala Lumpur was shot down whilst flying over Ukraine. 298 people, including 15 crew members, lost their lives. Two investigatory teams—the Dutch Safety Board (DSB), and another composed of representatives from Australia, Belgium, Malaysia, The Netherlands, and Ukraine (JIT)—determined that the airliner had been shot down by a missile that was part of the Buk missile family, launched from a Russian controlled territory in Ukraine. These missiles were originally owned and developed by the Soviet Union and remain held by the Russian Federation. The Russian government, however, has consistently denied any involvement in the shooting down of the aircraft. The downing of flight MH17 is yet another demonstration of the complicated and violent history between Russia and Ukraine. Thank
FAMILIES SEEK JUSTICE
Grieving families have been waiting six years for justice for their loved ones. Prior to this trial, the families of the victims filed an application with the European Court of Human Rights (ECtHR) and claimed infringement of article 2 of the Universal Declaration of Human Rights—the right to life. The application further alleged Russia’s failure to “comply with its obligation to carry out an effective investigation or cooperate with other investigations”. In 2019, the ECtHR gave notice of the application to Russia, which responded with a statement that has not been made public. Four victims’ relatives also filed applications with the ECtHR against the Ukrainian government for not closing off airspace in the conflict one. The region, at the peak of the conflict, was highly militarised and many believed that Ukraine could have done more to prevent such an incident from happening, especially in light of separate shooting down of an aircraft a month before the MH17 event, which killed 49 people.
COMPLEX POLITICAL HISTORY PREDATES THE TRIAL
After the ousting of the leader of Ukrainian president Victor Yanukovych, Russia was involved in a string of military conflicts in the country that continues to cause unrest in the region. Two sides have emerged in the conflict—the Ukrainian forces occupying the western part of East Ukraine and the pro-Russian separatists concentrated in the eastern region bordering Russia. Protests began in late 2013 after President Yanukovych refused to sign a European Union (EU) association agreement. Yanukovych attended the EU summit in Lithuania but said that pressure from Russia was the reason for his refusal, stating that the Ukraine “could not afford to sacrifice trade with Russia”.
The protests divided the country and endanger lives. In March 2014, the Russian parliament approved the use of force in Ukraine in order “to protect Russian interests,” which led to continuous military conflict throughout 2014. Over 13,000 people have died in the ongoing conflict, and there are currently no signs of a ceasefire.
Amongst the continuous conflict, at the core of the shooting of MH17 is the tragic loss of 298 lives. The surviving family members have yet to see justice, in part due to Russia’s lack of cooperation with the case. For example, Dutch prosecutors recently asked Russian authorities to arrest a Ukrainian suspect thought to have “run rebel air defences close to the missile firing site.” Russia defied the request and instead allowed the man to continue travelling to eastern Ukraine.
The next stage of the trial is due to start in early June provided it is safe to do so. It is one of the biggest cases in Dutch history, and it has attracted worldwide attention. At the centre of the political drama, we must remember though, are grieving families who deserve to see justice.
Enakshi is currently a second year law student at the University of Liverpool and is pursuing a career as a solicitor. She is involved in the Liverpool Law Clinic where she helps clients in family court and is committed to advocating for human rights.