It was a bright summer day when the Malaysia Airlines Boeing 777, flight number MH17, departed from Schiphol on July 17, 2014. 12:31 p.m. The plane exploded less than three hours later. All 298 people on board were dead.
At 3:20 p.m., a missile exploded on the left side of the cockpit, over 10 kilometers above the disputed area in eastern Ukraine. Hundreds of small particles had pierced the plane. Each and every one of them deadly missiles. Next Thursday, the criminal court in the Netherlands will rule against four alleged perpetrators – albeit in absentia.
“We waited eight years and four months”
Piet Ploeg was having a drink with colleagues on a terrace in the Netherlands when the accident was reported. The plane was en route to Kuala Lumpur and his brother Alex, his sister-in-law Edith and their 21-year-old son Robert were also on board. Later that day it dawned on him: “They’re gone, forever. And that breaks your heart.”
Ploeg wants to take a seat in the courtroom at Amsterdam Airport Schiphol on Thursday. There was a criminal case against four men who were allegedly responsible for the shooting since March 2020. “We have waited eight years and four months for this day,” says Ploeg. He is also a spokesperson for the next of kin. “We hope it will be a day of justice.”
The victims came from ten countries, four of which were from Germany. Since most of them are Dutch, the process takes place there. Hundreds of relatives want to be present at the verdict, about 80 of them come from Australia. No one dares to say in advance what the verdict will be. All that is clear is that the four suspects – three Russians and one Ukrainian – will not be there and will likely avoid punishment. All four would be in Russia. “The country may not extradite its own citizens,” says Marieke de Hoon, lecturer in international criminal law at the University of Amsterdam.
At the time, the suspect held senior positions with the pro-Russian separatists in eastern Ukraine: Igor Girkin was once a Russian intelligence officer and commander of the separatists in Donbass, known as “Strelkov”. Sergey Dubinsky, a former Russian officer and Girkin’s deputy. Oleg Pulatov, in turn, was Dubinski’s assistant. Leonid Kharchenko, the Ukrainian, is said to have led a combat unit in the region. According to the indictment, they allegedly purchased the Buk anti-aircraft gun and were responsible for launching the missile. The charge is murder on 298 counts. Prosecutors asked for life imprisonment.
What does Russia have to do with the downing?
After the shelling, debris, luggage and body parts lay for weeks in an area of about 50 square kilometers between sunflower fields. The machine was later reconstructed from the rubble in the Netherlands for the detectives and judges. None of the defendants have ever appeared in court. Only one, Pulatov, had allowed himself to be defended. “He denies any responsibility,” his lawyers said, calling for an acquittal.
Above all, the relatives hope for an answer to the question: what does Russia have to do with the shooting? That question is almost more important than that of the suspect’s role, says Ploeg. “Because no state gets away with mass murder.”
July 2014, Eastern Ukraine, 298 dead
On July 17, 2014, a Malaysia Airlines Boeing 777 crashed in eastern Ukraine. All 298 on board are killed. International investigation shows that flight MH17 was shot down with a BUK missile designed by the Soviet Union. The Boeing 777 was en route from Amsterdam to Kuala Lumpur and flew over the conflict zone in eastern Ukraine, where pro-Russian separatists and the Ukrainian army are fighting. The separatists deny the shooting. The BUK missile came from the Russian 53rd Anti-Aircraft Brigade in Kursk, southwestern Russia. Three Russians and a Ukrainian are said to be responsible for the shooting from March. The trial in the Netherlands will probably take place in the absence of the suspect.
October 2001, Black Sea, 78 dead
On October 4, 2001, a Tupolev-154 operated by the Russian airline Siberia Airlines exploded over the Black Sea, nearly 300 kilometers from the Ukrainian peninsula of Crimea. All 78 prisoners, mostly Israelis, are killed. The plane was en route from Tel Aviv to Novosibirsk in Siberia. A week after the accident, Ukraine admits that the plane was disabled by an accidentally shot down Ukrainian missile.
July 1988, Persian Gulf, 290 dead
On July 3, 1988, an Iran Air Airbus A-300 was shot down over the Persian Gulf shortly after takeoff from Bandar-Abbas. All 290 on board are killed. The machine was on its way from southern Iran to Dubai in the United Arab Emirates. The crew of the US frigate “USS Vincennes” admits that during a patrol in the Strait of Hormuz they mistook the Airbus for an Iranian fighter jet and shot it down with two missiles. The United States will pay Iran $101 million in damages.
September 1983, Russia, 269 dead
On the night of September 1, 1983, a Boeing 747 of the South Korean airline Korean Air Lines (KAL) was shot down over the island of Sakhalin in the far east of Russia. All 269 on board are killed. After strong international pressure and a UN Security Council condemnation, the Soviet Air Force announced five days too late that the Boeing had been shot down by fighter jets for deviating from its flight path.
February 1973, Sinai Peninsula, 108 killed
On February 21, 1973, Israeli fighter jets shot down a Libyan Boeing 727 over the then Israeli-occupied Sinai Peninsula that was supposed to fly from Tripoli to Cairo, but had gone off course. 108 of the plane’s 112 occupants are killed. The Israeli government says the Libyan Boeing flew over Israeli military installations and refused a request to land. (SDA)
The MH17 case has also been a highly explosive political issue since the tragic July 17, 2014. Russia is now not in the dock. However, the court can indirectly determine responsibility. “Our relatives were the first international victims of the war in Ukraine,” says Ploeg.
At that time, fighting was already raging in the Donbass in eastern Ukraine. International investigators determined that the Buk missile came from Russia and belonged to the Russian army. According to investigators, she was shot from a field controlled by the rebels. The gun was then returned across the border to Russia. Moscow firmly rejects all allegations and blames Ukraine in particular. The Kremlin never acknowledged the investigations or the court either.
Lawyer expects further proceedings
The crucial question is whether the criminal courts will follow the reasoning of the Public Prosecution Service. It is clear that the four suspects did not press the button themselves. However, with a series of evidence, the prosecutors stated that they had taken care of the acquisition of the weapon and the shooting. “According to the arguments of the Public Prosecution Service, they accepted that they could also hit a civilian aircraft,” says lawyer Marieke de Hoon.
The prosecution presented a wealth of evidence, photos, videos, data, radio traffic, satellite images. But much of the evidence comes from open sources or from social media. “This digital evidence is new legal territory,” says De Hoon. “Recognition could be important for other war crimes trials.”
The verdict will not be the last word in the MH17 case. Lawyer De Hoon expects an appeal later and also points to further procedures, such as at the European Court of Human Rights. But Ploeg hopes for a turning point for the relatives. “I hope many can now distance themselves,” he says. “But closing the chapter, that can never happen.” (SDA/chs)