Dutch government will only consider liability of Ukraine after criminal investigation JIT has finished

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The Joint Investigation Team is not investigating the failure by the state of Ukraine to close its airspace. A national prosecutor is not able to prosecute states. The Dutch Safety Board concluded in the final report that Ukraine should have closed its airspace.

In a plenary debate in Dutch parliament several members of Parliament asked questions to Dutch ministers about the failure to close the airspace.

Pieter Omtzigt asked Minister Koenders if the Dutch State will hold Ukraine liabable at the European Court for Human Rights, or leave it to the families to start individual cases at ECHR.

Koenders as well as Van Der Steur stated that the Dutch government will wait for the results of the criminal investigation by JIT before possibly taking other steps towards states.

Pieter Omtzigt stated that a BUK is not owned by an individual but by a state. So states should be liable.

This means that Ukraine in the next couple of years has nothing to fear from the Dutch state.

German lawyer Giemulla submitted an application to the European Court of Human Rights (ECHR) and accuses the Ukraine Government of failing its legal duty to prevent civilian aircraft from flying into the airspace Ukrainian officials knew to be dangerous. ECHR has accepted the application according an article by Russia Today. The applications are registered under numbers ‘Ioppa v. Ukraine 73776/14 ‘ and three other applications (nos. 73776/14, 973/15, 4407/15 and 4412/15)

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