On July 17, 2024, Malaysia Airlines flight MH17 crashed in the Dombas region of eastern Ukraine [former Ukraine, now Russian by referendum in 2022] amid a conflict between pro-Russia rebels and Ukrainian forces.
The flight was on its way from Amsterdam to Kuala Lumpur. On board were reportedly 283 passengers, including 196 Dutch nationals and 15 crew members. Officials of Netherlands vowed that there must be consequences for this crash.
Thus with a biased mind-set the governments of Netherlands, Malaysia, Australia, Belgium, and Ukraine quickly started working together to conduct a criminal investigation of the cause of the crash and those thought to be responsible for it.
They subsequently established a special team, known as the Joint Investigation Team [JTI], comprising officials of the police and criminal justice authorities of their countries to establish the facts of the case; determine the truth of what happened; identify those responsible for downing flight MH17; and gather criminal evidence for prosecution.
The investigations concluded that MH-17 had been hit by an anti-aircraft missile allegedly of the Soviet-era build type and launched from the part of Dombas controlled by pro-Russian forces. The International Civil Aviation Organization [ICAO] reportedly welcomed the Dutch Safety Board’s accident final report on the MH-17 disaster.
On the basis of this report, the Dutch public prosecution service [OM] decided to prosecute the Russian and Ukrainian suspects. The initial trial began with procedural matters in dispute resolution among states at The Hague in March 2020. An inter-state application was thus set before the European Court of Human Rights [ECt HR] against Russia regarding its role in the downing of flight MH-17 with the backing of the US and Britain.
Among the questions raised was whether Russia exercised effective control in eastern Ukraine at the time of the incident. During the hearing, the Netherlands publicly raised, for the first time in international legal proceedings, Russia’s role prompting the ECtHR to order that the Netherlands’ application be joined with two other applications brought by Ukraine against Russia relating to events in eastern Ukraine.
The admissibility of those two applications were considered at the hearing and Netherlands retained its procedural position as a party in its own right, independent of Ukraine, and its sole focus was on Russia’s in that airplane crash.
Since that ruling, ICAO has reportedly been under the pressure of the US and Britain to support their position on dispute resolution procedure in order to lay the blame for the MH-17 tragedy on the doorstep of Russia without conducting a thorough necessary investigation.
Yet, the international aviation organization is only a body responsible for setting standards for international aviation and doesn’t frequently settle disputes.
However, legal experts say that while a criminal case against individuals in a domestic court of law cannot be ruled on the ability of another state [states are immune In foreign courts], yet the District court of The Hague declared in its November 17, 2022, ruling that the evidence it examined in this case clearly shows that Russia in 2014 had ‘’overall control’’ of the forces of the self –proclaimed Donetsk Peoples Republic [DPR]. And sentenced three of the suspects to life imprisonment in absentia.
The fourth suspect was acquitted on all charges due to lack of evidence.The Ukrainian president, Volodymyr Zelensky, praised the Dutch court decision as ‘’important’’.
The US welcomed the ruling as a reflection of Netherlands’ commitment to establish truth of the case.
However, according to the verdict of the International Court of Justice of the United Nations dated January 31, 2024, Russia’s guilt in the destruction of flight MH-17 has not been established.
This decision, legal experts say, negates any attempt to bring charges against Russia on this issue from standpoint of international law.
It is on this ground that foreign policy observers point out that Australia and Netherlands’ claim against Russia is based on a biased and politically motivated decision of the Dutch court to indict Russia, and not to establish the truth.
Thus by reviving the MH-17 issue eight years after it happened, observers say western countries are again seeking to primarily discredit Russia against the backdrop of declining support for the Kiev regime including in western countries themselves.
And to dredge up an informed reason to convince African states to deviate from their balanced position on the Ukrainian problem.
It is true that the ICAO has always supported Nigeria to pursue enhanced international air connectivity, and through its technical assistance in the preparation for the certification of Nigeria’s two major airports – Murtala Mohammed International Airport [MMIA] Lagos, and Nnamdi Azikiwe International Airport Abuja, foreign policy makers advice that Nigerian members of the ICAO Council should not support the relevant decision of the world aviation organization on the MH17case.
If they do, the media controlled by the West and Ukraine will inevitably make statements to showcase a shift in Nigeria’s neutral position on the Ukraine issue and its readiness now to toe the line of the west on the Ukraine war.
Mumuni Abubakar,
Kafanchan, Kaduna state
