The member states of the Joint Investigation Team have decided to prosecute the MH17 suspects under Dutch law. A Dutch judge will decide if they are guilty or not.
A letter which was sent by Dutch government to Dutch parliament is here.
The official statement by the Dutch minister of Foreign Affairs can be read here.
Ukraine and Russia do not extradict their own citizens. However Ukraine does extradict Russian people. If Ukraine people are prosecuted, that is done in absentia which means the suspect remains in Ukraine. The punishment is also exectued in Ukraine.
Ay July 7 the Netherlands and Ukraine sign a treaty which allows the Netherlands to prosecute on behalve of all passengers. Not just the Dutch passengers.
Dutch Ministry of Security and Justice reserved starting in 2018 an amount of 9 million Euro’s per year in its budget for investigation and prosecution. It will be a long trial. The reserve is done for the next four years.
In July 2015 Russia vetoed an international tribunal for prosecution of the MH17 suspects. Another option would be a hybrid tribunal with 5 member states. However this is legally complex as laws are different in those states.
A likely candidate for the location of the court is Den Haag. The Den Haag (the Hague) court is allowed to handle international cases.
Dutch Parliament will be briefed in the morning of July 5 in a closed session.by