International support for Dutch MH17 prosecution

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July 06, 2017
Wreckage from MH17.

Britain and Australia have welcomed moves by the Netherlands to prosecute those responsible for downing Malaysia Airlines MH17 almost three years after the Boeing 777 was destroyed by a missile while flying over the Ukraine.

Dutch Foreign Minister Bert Koenders said the countries involved in the Joint Investigation Team (JIT) — Australia, Belgium, Malaysia, the Netherlands and Ukraine —had decided suspect identified by complex criminal investigations should be prosecuted in the Netherlands.

An investigation by the Dutch Safety Board found Flight MH17 was hit by a Russian-made BUK missile fired from territory held by Russian separatists on July 17, 2014. The attack killed 298 people from 17 countries, including 38 from Australia and 196 from the Netherlands.

The investigation found the missile was taken from Russia to the Rebel-held territory on the morning of July 17 and returned the next day. It narrowed down the launch site to a specific field near the then rebel-held village of Pervomaiskyi.

Investigators have identified 100 people they want to interview in connection with the crime but they have not been officially named.

The availability of some of those people is likely to depend on Russia, which has denied involvement in the event and blocked moves to set up an international court in 2015.

Koenders noted there was still a great deal of disinformation and attempts to discredit the investigation.

Despite this, major results had been achieved, such as the safety board’s investigation and the JIT’s 2016 findings.

 “What’s more, the ongoing criminal investigation enjoys virtually unanimous support from the international community,’’ he said “MH17 has shown how a shared tragedy can lead to close international cooperation and a determination to see that justice is done.’’

The Dutch minister said Netherlands prosecution would be rooted in ongoing international cooperation and support.

“This means that the team’s cooperation will continue into the prosecution phase,’’ he said. “Thanks to the MH17-treaty with Ukraine it will be possible for the prosecution to cover all the victims. This is important, given that the victims came from 17 different countries on five continents.’’

British Foreign Secretary Boris Johnson hailed the investigation as “a critical step in holding to account those responsible for this tragedy’’.

The Australian Government said it had full confidence in the quality, impartiality and integrity of the Dutch legal system.

“The JIT’s decision to support a Dutch national prosecution will ensure that results from the investigation are taken into account and that justice for the victims and their families, including the 38 people who called Australia home, is delivered,’’ Australian Prime Minister Malcolm Turnbull said in a statement.

“We remind the international community of UNSC Resolution 2166, which demands that those responsible for downing MH17 are held to account and that all States cooperate fully with efforts to achieve accountability.

“Ahead of the third anniversary, we urge other States to join us in pursuing justice for the 298 passengers and crew who lost their lives in the downing of MH17.

“While we cannot take away the grief of those who lost their loved ones because of this atrocious act, we are committed to holding the perpetrators to account and achieving justice for all the victims.”