What is the JIT?
The team conducting this investigation into Flight MH17’s destruction was established at the initiative of the government of the Netherlands (most of the passengers were Dutch) and consists of representatives of law enforcement agencies and judicial authorities from the Netherlands, Australia, Malaysia, Belgium, and Ukraine. The purpose of the group is to determine the causes of the disaster, identify those responsible for shooting down the plane, and collect evidence for a lawsuit. A JIT is a standard investigative tool usually used to fight cross-border crime. It enables the simultaneous coordination of activities carried out by national agencies of participating countries (e.g. police, prosecutors). Russia is not a member of this group.
What is the focus of the investigation?
Flight MH17 from Amsterdam to Kuala Lumpur was shot down on 17 July 2014, over the territory of the Donetsk Oblast in Ukraine. All 298 people onboard were killed. Since the spring of that year, the area surrounding the crash site were under the control of Russian units, which probably fired on the passenger plane by mistake. Among the evidence is a post by Igor Girkin (Strelkov), a retired colonel in Russia’s GRU military intelligence agency but in July 2014 one of the main commanders of the so-called separatists in Donbas, who shortly after the disaster announced that a Ukrainian government An-26 transport aircraft had been shot down, indicating the supposed target (in fact, no An-26 was shot down on that day). However, his post on the social network VKontakte was soon removed and the Russian authorities blamed the Ukrainian side for the disaster.
What findings did the JIT present?
The investigators determined the plane was shot down by a ground-to-air missile launched from a Buk missile launcher belonging to the 53rd Antiaircraft Missile Brigade of the Russian Armed Forces, based in Kursk. They found that a Buk system was delivered to the Russian-controlled part of Donetsk Oblast not long before the catastrophe and then was returned to the territory of the Russian Federation. However, no one directly responsible for the downing of the aircraft or issuing the relevant order was indicated (although some people have been identified by the international journalist group Bellingcat). The search for witnesses to the disaster and people who have any information is still in progress, which means the investigators probably do not yet have all the necessary evidence in this regard. Nevertheless, according to the JIT, the investigation is “in the last phase.”
What was the reaction of the Russian authorities?
They criticised the results presented by the JIT, stressing that they lack credibility since no Russian experts were involved in the work of the group. They again accused the Ukrainian military of shooting down the MH17. From the very beginning, Russia has denied responsibility for the destruction of MH17, instead promoting alternative theories to the disaster that are aimed to disinform public opinion. They are likely to continue with such actions for now since an admission of guilt would be tantamount to the confirmation of the presence of Russian troops on the territory of Ukraine and thus confirmation of Russia’s military aggression against this state.
Is it possible to hold Russia accountable for shooting down MH17?
Following the presentation of the JIT’s findings, Dutch and Australian authorities accused Russia of being responsible for shooting down the aircraft and announced they will seek compensation. The position of both countries was supported by the EU and NATO. A civil trial probably will be held before a Dutch court because in 2015 Russia vetoed a UNSC resolution establishing an international tribunal on MH17. In connection with the trial, Russia probably will be asked to extradite those charged with responsibility for the disaster, and Moscow, in turn, probably will refuse to do so. In this case, the EU countries may consider imposing additional sanctions on Russia, such as a civil aviation embargo (like with Libya in 1992), calling on countries party to the 1971 Convention on the Suppression of Unlawful Acts against the Safety of Civil Aviation (Montreal Convention) to follow suit.
