GENEVA: Anyone hoping to bring to justice whoever downed Malaysia Airlines flight MH17 must face sobering facts.
The crash scene is compromised, key evidence may have disappeared altogether and political complexities could block an international court from hearing the case.
If Russian nationals were involved in the disaster that claimed 298 lives, they could prove untouchable: The Russian constitution forbids extradition of its citizens.
And, as legal heir to the Soviet Union, Russia has never paid a ruble in compensation to families of the 269 people killed in the 1983 shoot-down of a Korean airliner by the Soviet Air Force.
What’s more, as a permanent member of the United Nations Security Council, Russia has the right to veto any attempt by the United States or another member to bring a case before the International Criminal Court.
The airliner’s destruction over eastern Ukraine on July 17 might qualify as a war crime or a crime against humanity, but winning a guilty verdict would be difficult because it would require proving there was a systematic or widespread attack against civilians, experts said.
“I think the key decision to be made by the prosecution is actually whether there is sufficient basis to begin criminal investigation,” said Goran Sluiter, professor of international law at Amsterdam University. “And a key factor would be how feasible it will be to collect the evidence.”
Despite the long odds, many are hungry for justice. AP