Navigating the Legal Horizon: Lawyering the MH17 Disaster
On 17 July 2014, Malaysia Airlines Flight MH17 was shot down over Eastern Ukraine, leaving no survivors. Since, victims’ relatives, States, and the wider public are trying to understand what happened, how it could happen, who is responsible, and how to address these responsibilities. The efforts to...
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
Ubiquity Press
2017-04-01
|
| Series: | Utrecht Journal of International and European Law |
| Subjects: | |
| Online Access: | http://www.utrechtjournal.org/articles/368 |
| _version_ | 1819091699467550720 |
|---|---|
| author | Marieke de Hoon |
| author_facet | Marieke de Hoon |
| author_sort | Marieke de Hoon |
| collection | DOAJ |
| description | On 17 July 2014, Malaysia Airlines Flight MH17 was shot down over Eastern Ukraine, leaving no survivors. Since, victims’ relatives, States, and the wider public are trying to understand what happened, how it could happen, who is responsible, and how to address these responsibilities. The efforts to find justice have faced many complications and legal complexities. This article aims to provide insight into these legal and political complexities. In particular, it discusses the core legal questions of the criminal accountability of the perpetrators and the State responsibility of those States involved —Ukraine and Russia— through the legal doctrines of public international law and the European Convention on Human Rights. It further offers some core considerations relating to civil liability of States and airline carriers. In addition to providing insight into why the road to justice is long and arduous, the legal options available, and the specific challenges of each, the article also emphasises that having a legal option does not necessarily mean that it is also the best choice to use it. That choice is up to victims’ relatives and the States concerned. The article takes no position in this regard. Instead, it seeks to provide an analysis that may contribute to making such decisions in an informed manner. |
| first_indexed | 2024-12-21T22:43:52Z |
| format | Article |
| id | doaj.art-071ab264c13944a2afa0ab2357fb51df |
| institution | Directory Open Access Journal |
| issn | 2053-5341 |
| language | English |
| last_indexed | 2024-12-21T22:43:52Z |
| publishDate | 2017-04-01 |
| publisher | Ubiquity Press |
| record_format | Article |
| series | Utrecht Journal of International and European Law |
| spelling | doaj.art-071ab264c13944a2afa0ab2357fb51df2022-12-21T18:47:46ZengUbiquity PressUtrecht Journal of International and European Law2053-53412017-04-0133849011910.5334/ujiel.368132Navigating the Legal Horizon: Lawyering the MH17 DisasterMarieke de Hoon0Director of the Netherlands Office and Senior Counsel, Public International Law & Policy Group (headquartered in US). Assistant Professor, Vrije Universiteit AmsterdamOn 17 July 2014, Malaysia Airlines Flight MH17 was shot down over Eastern Ukraine, leaving no survivors. Since, victims’ relatives, States, and the wider public are trying to understand what happened, how it could happen, who is responsible, and how to address these responsibilities. The efforts to find justice have faced many complications and legal complexities. This article aims to provide insight into these legal and political complexities. In particular, it discusses the core legal questions of the criminal accountability of the perpetrators and the State responsibility of those States involved —Ukraine and Russia— through the legal doctrines of public international law and the European Convention on Human Rights. It further offers some core considerations relating to civil liability of States and airline carriers. In addition to providing insight into why the road to justice is long and arduous, the legal options available, and the specific challenges of each, the article also emphasises that having a legal option does not necessarily mean that it is also the best choice to use it. That choice is up to victims’ relatives and the States concerned. The article takes no position in this regard. Instead, it seeks to provide an analysis that may contribute to making such decisions in an informed manner.http://www.utrechtjournal.org/articles/368MH17State responsibilityPolitics of lawCivil aviation lawCriminal lawInternational criminal lawInternational humanitarian lawEuropean Court of Human RightsEuropean Convention on Human Rights |
| spellingShingle | Marieke de Hoon Navigating the Legal Horizon: Lawyering the MH17 Disaster Utrecht Journal of International and European Law MH17 State responsibility Politics of law Civil aviation law Criminal law International criminal law International humanitarian law European Court of Human Rights European Convention on Human Rights |
| title | Navigating the Legal Horizon: Lawyering the MH17 Disaster |
| title_full | Navigating the Legal Horizon: Lawyering the MH17 Disaster |
| title_fullStr | Navigating the Legal Horizon: Lawyering the MH17 Disaster |
| title_full_unstemmed | Navigating the Legal Horizon: Lawyering the MH17 Disaster |
| title_short | Navigating the Legal Horizon: Lawyering the MH17 Disaster |
| title_sort | navigating the legal horizon lawyering the mh17 disaster |
| topic | MH17 State responsibility Politics of law Civil aviation law Criminal law International criminal law International humanitarian law European Court of Human Rights European Convention on Human Rights |
| url | http://www.utrechtjournal.org/articles/368 |
| work_keys_str_mv | AT mariekedehoon navigatingthelegalhorizonlawyeringthemh17disaster |