Yesterday Russian media published information about the Netherlands’ assumed refusal to set up a tribunal to investigate the crash of flight MH17, downed in Donbas in July 2014. In particular, one Russian news outlet garnished the news with the following headline: “Refusal to set up tribunal on downed MH17.” As usual, numerous Ukrainian media outlets reprinted this news item without as much as reading it first.
Meanwhile, the first paragraph says the following: member states of the international investigative group have stopped their efforts to set up the tribunal because of the UN Security Council resolution. This is what the Netherlands’s Ambassador Ron van Dartel allegedly said in Moscow, according to RBK, a Russian news portal. However, this is old news, since Russia vetoed the resolution concerning the tribunal long ago. It will apparently continue to do so.
As an alternative, the Dutch ambassador named investigating this disaster at the International Criminal Court. Another option considered by the member states of the investigative group, is a trial in one of the countries involved. Van Dartel noted that the Netherlands is not going to postpone the date on which the MH17 report is to be published. This will happen today, on October 13.
We would like to remind that in late September Australian Foreign Minister Julie Bishop said she did not rule out a repeated submission of the draft resolution concerning the setting up of the tribunal. She said that such a proposal could be made after the completion of the official investigation of the crash.
Bishop also said that Belgium, the Netherlands, Ukraine, Malaysia, and Australia were considering several major scenarios: the setting up of the tribunal by all the five states, or a trial in each of the involved countries.
As a reminder, a Boeing of Malaysia Airlines crashed on July 17 not far from Donetsk. Flight MH17 from Amsterdam to Kuala Lumpur carried 298 passengers and crew members, none of whom survived.
A number of independent investigations confirmed that the Boeing was downed by a surface-to-air missile system Buk from the militant-held area. There is numerous photo- and video-evidence that the missile system had been brought in from Russia.
In July, the UN Security Council held a vote on the resolution to set up an international tribunal to investigate MH17 crash, but Russia vetoed the decision. Also, the surviving relatives of the victims sued one of the terrorists’ leaders Igor Strelkov [Girkin. – Ed.]. He is charged with organizing the downing of the Boeing and faces a 900 million dollar compensation suit.
Dr. Volodymyr VASYLENKO, former authorized representative at the UN International Court, Ambassador Extraordinary and Plenipotentiary of Ukraine:
“There was no giving up the idea to set up the tribunal. The Dutch ambassador’s words absolutely do not suggest that this country has given up the idea of the trial. On the contrary, as far as I know, negotiations are under way to create a tribunal on the basis of an eventual agreement between the states which directly suffered from the disaster, namely, Belgium, the Netherlands, Ukraine, Malaysia, and Australia.
“This is clearly a manipulation of Russian media, which have distorted the statement made by the Netherlands. The efforts to set up the tribunal continue. On October 13 we expect to hear the report on the investigation of the disaster, and the tribunal will be set up on the results of this report. In the meantime, the preparation to create such a tribunal is already completed, according to the UN Security Council’s decision. The draft resolution of the UN Security Council is also ready, with the draft Statute of the Tribunal being its inseparable part. This draft statute was to be adopted by the UN Security Council.
“And now I expect that the statute of the tribunal and rules of its procedure will become an inseparable constituent part of the agreement to set up the tribunal on the basis of an international agreement between five member states of the investigative group, which will be presenting the report. After the signing of the agreement and its coming into effect, the international court will be able to start working. In other words, the tribunal can be formed after the agreement comes into effect. It might additionally require a special procedure to appoint the judges and independent experts.
“Another thing that Russians could say that they do not acknowledge the tribunal and refuse to cooperate with it. However, such massive evidence in this case is gathered as of today that the tribunal can just as well do without Russia and its cooperation.”
