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INTERNATIONAL TRIBUNAL LOOKS LIKE THE BEST CHANCE FOR MH17 JUSTICE - DUTCH SOURCES
Reuters
http://www.reuters.com/article/2015...s-mh-idUSKBN0P326E20150623?utm_source=twitter
The Netherlands is discussing with its allies an international tribunal to prosecute those suspected of downing a Malaysian airliner over rebel-held eastern Ukraine last year, sources familiar with the discussions have told Reuters.
The chance of a successful prosecution is considered slim at best but the Dutch still hope that, by pushing for a U.N.-style court with the backing of Western allies, they could pressure Russia, whose role in the process is critical, into cooperating.
Of the 298 dead passengers and crew on Malaysia Airlines flight MH17, two-thirds were Dutch. With the anniversary of the disaster looming on July 17, the government is under intense pressure to act from a public who mostly believe Russia either shot down the plane or supplied the rocket to those who did.
Two sources in the Netherlands, who spoke on condition of anonymity because of the sensitivity of the issue, said the legal and political complexities of the case had persuaded it to focus on creating an international court backed by the U.N. Security Council, once a multinational investigation finishes and suspects are named.
Asked about the plan, a high-level Dutch government official who also declined to be named told Reuters: "A U.N. tribunal is the best option. We expect that it will provide the greatest chance of cooperation from all countries involved."
A trial in Ukraine itself appears a non-starter, since the pro-Russian rebels are as unlikely to attend as the Russian government, which sympathizes with and influences them but strenuously denies involvement in the incident or the rebellion.
And, while Dutch law provides a form of universal jurisdiction for war crimes, the downing of a civilian airliner during a civil war, possibly by mistake, is not a good legal fit. Malaysia, the flight's destination, is even farther from the crime scene.
Other legal options are still being considered, the sources said, but an international tribunal, rather than a domestic court, is seen as providing the greatest chance of success.
[....]
After recovering human remains and wreckage, experts from the Joint Investigative Team -- comprising members from Ukraine, Malaysia, Australia, the United States and Britain -- returned to the crash site on June 15 to "gather evidence to support or eliminate various scenarios".
Experts have cited radio intercepts, photo and video material and satellite imagery as evidence that the rebels shot down MH17 with an advanced BUK missile system that was transported from Russian territory shortly before the incident.
This raises the possibility that Russian nationals could be named in the indictment; the Dutch have not named anyone but say they are looking at all possible avenues of inquiry.
BBM
More info about the political and legal games at link
Reuters
http://www.reuters.com/article/2015...s-mh-idUSKBN0P326E20150623?utm_source=twitter
The Netherlands is discussing with its allies an international tribunal to prosecute those suspected of downing a Malaysian airliner over rebel-held eastern Ukraine last year, sources familiar with the discussions have told Reuters.
The chance of a successful prosecution is considered slim at best but the Dutch still hope that, by pushing for a U.N.-style court with the backing of Western allies, they could pressure Russia, whose role in the process is critical, into cooperating.
Of the 298 dead passengers and crew on Malaysia Airlines flight MH17, two-thirds were Dutch. With the anniversary of the disaster looming on July 17, the government is under intense pressure to act from a public who mostly believe Russia either shot down the plane or supplied the rocket to those who did.
Two sources in the Netherlands, who spoke on condition of anonymity because of the sensitivity of the issue, said the legal and political complexities of the case had persuaded it to focus on creating an international court backed by the U.N. Security Council, once a multinational investigation finishes and suspects are named.
Asked about the plan, a high-level Dutch government official who also declined to be named told Reuters: "A U.N. tribunal is the best option. We expect that it will provide the greatest chance of cooperation from all countries involved."
A trial in Ukraine itself appears a non-starter, since the pro-Russian rebels are as unlikely to attend as the Russian government, which sympathizes with and influences them but strenuously denies involvement in the incident or the rebellion.
And, while Dutch law provides a form of universal jurisdiction for war crimes, the downing of a civilian airliner during a civil war, possibly by mistake, is not a good legal fit. Malaysia, the flight's destination, is even farther from the crime scene.
Other legal options are still being considered, the sources said, but an international tribunal, rather than a domestic court, is seen as providing the greatest chance of success.
[....]
After recovering human remains and wreckage, experts from the Joint Investigative Team -- comprising members from Ukraine, Malaysia, Australia, the United States and Britain -- returned to the crash site on June 15 to "gather evidence to support or eliminate various scenarios".
Experts have cited radio intercepts, photo and video material and satellite imagery as evidence that the rebels shot down MH17 with an advanced BUK missile system that was transported from Russian territory shortly before the incident.
This raises the possibility that Russian nationals could be named in the indictment; the Dutch have not named anyone but say they are looking at all possible avenues of inquiry.
BBM
More info about the political and legal games at link
