Photo Sri Ramani – A Malaysia Airline Boeing 777-200
Introduction
Yesterday reminded me of the 7th Anniversary of the crash of MH 17. It was a poignant moment for all those who have flown the Boeing 777-200 with Malaysia Airlines. The number ‘17’ seems to appear so coincidentally 4 times in the tragic event of MH 17.
Captain Eugene Choo flew the Boeing 777, registration number 9M-MRD on MH 17 and was shot down on 17th of July 2014. (May his Soul RIP)
This plane first flew on 17th of July 1997, exactly 17 years before the tragedy
Yes, the number ‘17’ appeared 4 times, all related to one unfortunate event of MH 17!
So, who shot down MH 17?
A Dutch-led Joint Investigation Team (JIT) concluded that the aircraft was shot down by a Russian-made Buk surface-to-air missile.
On 19th June 2019 the Dutch prosecutors charged four individuals – three Russians and one Ukrainian (one was represented and the other 3 were tried in absentia) for the tragedy. The main figure was believed to be a former Russian Intelligence officer by the name of Igor Girkin.
The criminal investigation was being led by the Public Prosecution Service of the Dutch Ministry of Justice. This was because out of the 298 victims, 196 of them were Dutch nationals.
Civil Suits
On 7 June 2021, the trial moved on to the evidence phase, during which lawyers and judges discussed their findings.
Regarding the civil cases, a writ was filed on July 2015 in an American court by families of 18 victims accusing the separatist leader Igor Girkin and the Russian government under the Torture Victim Protection Act of 1991
In May 2016 families of 33 victims of the crash filed a claim against Russia in the European Court of Human Rights, arguing Russian actions violated the passengers’ right to life.
A group of 270 relatives of Dutch victims joined the claim in May 2018 after the JIT concluded that Russia was involved.
In July 2016, Malaysia Airlines was sued in Malaysia by 15 passengers’ families in two separate writs, each brought under the Montreal Convention, arguing that the airline should not have chosen that route.
A month earlier, a separate lawsuit was brought by the families of six crew members who alleged negligence and breach of contract by the airline.
European Court of Human Rights
Besides the trial in Amsterdam, two class action lawsuits have been filed with the European Court of Human Rights (ECHR) by a group of 380 relatives of victims of the MH17 crash. The plaintiffs accused Russia of having violated the victims’ right to life.
The plaintiffs of one of these suits are demanding compensation from Russia of at least €6.4 million (RM31.3 million) per deceased passenger
Four relatives of MH17 victims have also filed a suit at the ECHR against Ukraine.
Conclusion
The MH17 situation is legally complex and involves multiple legal fields such as criminal law, international law, civil law, civil aviation law and human rights law.
Up to date, no one has taken responsibility for the tragedy. Netherlands and Australia have called for an international tribunal to deal with the MH17 case in the United Nation.
This case did not make it to the UN court because Russia blocked the initiative with its right of veto on the UN Security Council. As such, the Dutch government then decided to run the trial according to its own national laws, as most of the victims came from the Netherlands.