Netherlands prepares new procedure against Russia due to downed Malaysian flight MH17 – media

It is noted that ICAO can find Russia guilty of violating the international Chicago Convention, signed in 1944 by 52 states, which prescribes to ensure the safety of civil aviation.

According to RTL Nieuws, the Netherlands considered two options for bringing the Russian Federation to justice for the downed flight MH17 in the Donetsk region – to start the procedure in ICAO at the UN or filed with the International Court of Justice.

RTL Nieuws sources emphasized that the option of contacting ICAO more promising.

This is “a very logical step,” said Marike de Hoon, Associate Professor at the Department of International Criminal Law at the University of Amsterdam. According to her, it is unlikely that the procedure in ICAO will be a solution to the problem and the Russian Federation will admit its guilt, but after that the Netherlands will be able to appeal to the International Court of Justice.

The final decision on the launch of a new legal procedure against Russia should be made by the new government of the Netherlands, it is at the stage of formation after the parliamentary elections in March, summarized RTL Nieuws.

Context:

Boeing 777, flying from Amsterdam to Kuala Lumpur on flight MH17, crashed on July 17, 2014 near Torez Donetsk region. All 298 people on board were killed (citizens of the Netherlands, Malaysia, Australia, Indonesia, Great Britain, Germany, Belgium, the Philippines, Canada and New Zealand).

According to the findings of the international investigation team, flight MH17 was shot down from the Buk complex from the territory controlled by the pro-Russian militants. After the plane crash, the gun was returned to the Russian Federation. Investigators clarified that the Buk arrived in Donbass from the Kursk region, where the 53rd Anti-Aircraft Missile Brigade of the RF Armed Forces is based.

In May 2018 the Netherlands and Australia officially accused Russia in the crash of flight MH17.

On March 9, 2020, the District Court of The Hague began hearing the case of the Malaysian plane crash. There are four accused in the case: “Defense Minister” of the “DPR” grouping, citizen of the Russian Federation Igor Girkin (Strelkov), head of the “GRU DPR”, Russian citizen Sergey Dubinsky (Khmury), his subordinate, citizen of the Russian Federation Oleg Pulatov (Gyurza), as well as citizen of Ukraine, commander of the intelligence battalion of the 2nd section of the “GRU DNR” Leonid Kharchenko (Mole). The case is being considered by the court in The Hague, since most of the victims were citizens of the Netherlands.

Girkin and Dubinsky stated that refuse to testify on this case. The only one of the four who takes part in the process (represented by lawyers) is Pulatov, but he does not admit his guilt.

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