Pursuing Justice for MH17: The Role of the Netherlands

Marieke de Hoon*

*Corresponding author for this work

Research output: Chapter in Book / Report / Conference proceedingChapterAcademicpeer-review

Abstract

On 17 July 2014, Malaysia Airlines Flight MH17 that set off to fly from Amsterdam to Kuala Lumpur was shot down over Eastern Ukraine, where an armed conflict took place between Ukrainian armed forces and separatists supported by Russia. This chapter discusses the legal developments around the MH17 crash up to 2018 and what actions the Netherlands has taken and is considering in their pursuit of justice for MH17. In 2018, the Netherlands announced that it holds Russia accountable for its involvement in downing MH17, that it invited Russia to engage in negotiations, and that legal action may follow. Moreover, the Netherlands declared that it is not considering similar action against Ukraine for failing to adequately communicate about the security risks in their airspace unless new evidence would appear. This chapter discusses what those announcements mean, what legal arguments exist against Russia and Ukraine, and what deliberations are relevant for the Netherlands in their consideration whether or not to pursue the judicial path in finding justice for the MH17 victims.
Original languageEnglish
Title of host publicationNetherlands Yearbook of International Law 2018
Subtitle of host publicationPopulism and International Law
EditorsJanne E. Nijman, Wouter G. Werner
PublisherT.M.C. Asser Press/Springer
Chapter11
Pages245-270
Number of pages26
ISBN (Electronic)9789462653313
ISBN (Print)9789462653306
DOIs
Publication statusPublished - 2019

Publication series

NameNetherlands Yearbook of International Law
Volume49
ISSN (Print)0167-6768
ISSN (Electronic)1574-0951

Keywords

  • Accountability
  • Civil aviation law
  • Law and politics
  • MH17
  • Public international law
  • State responsibility

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