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- Title
MH17 AND THE INTERNATIONAL CRIMINAL COURT: A SUITABLE VENUE?
- Authors
WILLIAMS, SARAH
- Abstract
The downing of Malaysia Airlines flight MH17 on 17 July 2014 killed all 298 people on board and had significant implications for the safety of international civil aviation. Resolution 2166, adopted by the United Nations Security Council on 21 July 2014, condemned the downing of the MH17 and called for a full, thorough and independent international investigation and accountability for those responsible. The focus of the states affected by MH17, including Australia, has been on securing criminal accountability for those responsible for the downing of MH17. There are thus several options for securing criminal accountability for those responsible for downing MH17. This commentary explores these various options. It details the key features, challenges and strengths of five options for prosecution: (1) the International Criminal Court; (2) an ad hoc international criminal tribunal created by the Security Council; (3) an ad hoc international criminal tribunal created by other means; (4) national criminal proceedings; and (5) the possibility of internationalising a national criminal process.
- Subjects
INTERNATIONAL Criminal Court; MALAYSIA Airlines Flight 17 Crash, 2014; INTERNATIONAL Civil Aviation Organization; AERONAUTICAL safety measures; CRIMINAL liability
- Publication
Melbourne Journal of International Law, 2016, Vol 17, Issue 1, p1
- ISSN
1444-8602
- Publication type
Article