The state of Ukraine at January 16 filed a case against the Russian Federation at the International Court of Justice (ICJ) in the Netherlands.
ICJ is a court which judges on conflicts between states. ICC which is also located in the Hague is a court which prosecutes individuals.
A part of the case is about MH17. It reads:
Ukraine respectfully requests the Court to adjudge and declare that the Russian Federation bears international responsibility, by virtue of its sponsorship of terrorism and failure to prevent the financing of terrorism under the Convention, for the acts of terrorism committed by its proxies in Ukraine, including:
(a) The shoot-down of Malaysian Airlines Flight MH17;
Kiev also is seeking compensation for deadly incidents including the 2014 shooting down of Malaysia Airlines Flight 17.
At various courts csse has been filed. This post has an overview. In short:
- state of Ukraine requested ICC to investigate prosecution of individuals
- different persons filled at case against Ukraine at ECHR
- different persons filled a case against Russia at ECHR
The Joint Investigation Team (JIT) which is investigating which individuals are responsible for the downing of MH17 did not decide yet which court to use. This will likely be a domestic court under Dutch law or a hybrid court.
More info here.by