Russia vetoed MH17 tribunal, so ICC is next step
Last week’s report of the Dutch-led international team of investigators, which concludes that Malaysia Airlines Flight MH17 was shot down by a Buk missile brought from Russia to Ukraine, should bolster efforts to bring the culprits to justice.
The attack two years ago killed all 298 people on board when the jetliner en route to Kuala Lumpur from Amsterdam crashed near a village in eastern Ukraine.
Last year Malaysia proposed an international tribunal under Chapter VII of the United Nations Charter that would have had the power to impose sanctions to bring those responsible to justice.
Sadly but not unexpectedly, Russia vetoed the proposal.
Last Wednesday’s report provides Malaysia with even more impetus to pressure the parties involved and bring the perpetrators to justice as soon as possible.
Kuala Lumpur could start by invoking two of its own criminal laws which have extraterritorial jurisdiction – Penal Code (Act 574) and Aviation Offences Act 1984 (Act 307). It could also push for the case to be taken up by the International Criminal Court. The MH17 incident was, after all, an international crime.
It would benefit Malaysia to officially recognise the court by signing the Rome Statute of the ICC and joining its 124 member-countries
Regardless, efforts need to be taken immediately to settle the issue and prevent the crime from happening again.
Prof Muzaffar Syah Mallow
Law Faculty, Universiti Sains Islam Malaysia (From The Star/ANN)
