Interview, Statement, Press Conference
MH17: can Russia be held to account?
- The Netherlands intends to hold Russia accountable for the downing of the aircraft via a Dutch-led inquiry, potentially pursuing justice through international or regional courts despite identified procedural complexities.
- Filing a case at the International Court of Justice faces significant hurdles as it requires mutual consent from both parties, a condition assessed as highly unlikely to be met.
- Litigation at the European Court of Human Rights is projected to be more viable than the ICJ due to the Council of Europe membership of Russia, the Netherlands, and Ukraine, leveraging Article 2 of the European Convention on Human Rights which prohibits states from involving themselves in civilian aircraft shoot-downs.
- Even a successful legal prosecution is not expected to guarantee enforcement, as international law offers limited mechanisms to compel state compliance with binding decisions.
- The extradition of individuals responsible for firing the missile is considered extremely improbable given current Russian policies.
- The Dutch legal framework permits in absentia prosecutions under specific criteria, allowing for legal action against suspects not in custody.
- Securing a conviction requires proving the specific involvement of individual officers, a challenge compounded by the absence of Russian cooperation and the refusal to provide information on command structures.
- Victims' relatives have committed to continued advocacy and engagement, including protests at the Russian embassy, to seek accountability and answers.