According to MP Omtzigt (CDA) is responsibility of the state a very delicate and explosive issue. “The government has committed itself in any case the decision of Minister Koenders that nothing is negotiated away. If Ukraine in the future is willing to transfer jurisdiction for trial of the perpetrators to the Netherlands, it does not mean that Ukraine will not escape punishment for keeping the airspace open. “
The Ukrainian secret service had, according to the Joint Investigation Team (JIT) a day befor the MH17-attack knowledge of the Buk-transfer from Russia to the region in eastern Ukraine, which was controlled by pro-Russian separatists. Also on July 14 diplomats took note of the dangerous situation, the escalation of fighting. Yet the airspace over the war zone remained open to civil aviation.
According to the Amsterdam lecturer in international law Marieke de Hoon of the Vrije University in the Netherlands this is enough reason to start a court case at the European Court for the Protection of Human Rights in Strasbourg.
“Do not be childish ‘
“The Hague should not be childish in his. Large and heavy words are not needed, because Ukraine was not responsible for the massacre.However, the court has to rule on whether the land was negligent. “
That is the obligation of the Netherlands, according to De Hoon, to the families of the victims. “It is a disaster of enormous magnitude. Moreover, the world community will soon benefit when sharp and clear has been established how states should monitor the safety of their airspace. “
On July 17, 2014, the day of the fatal disaster, there were, according to Eurocontrol besides MH17 another 160 civilian flights over eastern Ukraine. In the days before for 61 airlines from 32 countries unsuspecting use of hazardous airspace. Passenger aircraft would not be a target, was the starting point.
The threat is seriously underestimated by anyone, is the conclusion of the Dutch Safety Board. “Ukraine had to close the airspace completely instead of just under 10 km. It was known that the armed conflict was going on there. “
“Ukraine failed ‘
For the survivors, the issue is a hot potato. “Ukraine failed to keep open the airspace in a war zone. There was only a height restriction.It should have been shut tight after dozens of military aircraft were shot down, “said chairman Evert van Zijtveld of ‘Foundation Vliegramp MH17’.
The relatives of the killed passengers may want Russia to be called to account as evidence that the Russian authorities were actively involved in the transfer of the Buk missile system from Russia to Eastern Ukraine.
The Dutch prosecution service wants ‘ neither confirm nor deny “to the next of kin that among the hundreds of people involved in the JIT as those involved in the picture, are also Russian soldiers, Thomas Schansman acting on behalf of a group of survivors. “We have requested a meeting with Prime Minister Rutte. The bottom of it, as he promised himself. “