The Dutch prosecutor has a suspicion of murder on MH17. I have been wondering why.
How can the Dutch prosecutor look into the heads of the people in the BUK and know they intended to kill the passengers of a civil aircraft? Couldn’t is be a mistake of the crew in the BUK? Was it more likely they believed an military aircraft was their target?
Maybe one of the reasons for suspicion of murder is that an International Criminal Tribunal does not recognize a reckeless act. However Iran went to the International Court of Justice and sued the United States after they downed an Iran Air Airbus.
This blogpost has some interesing thoughts.
The bottom line is that the accidental downing of civilian airplane based on an honest belief that the airplane was a military objective is not a war crime
To bring the case of MH17 to the International Criminal Tribunal it should be framed as murder.
This Dutch blog has some interesting information as well. The most likely option for a court case is under Dutch law but with international judges.