International law can provide answers to vital questions about flight MH17
Stephen Hall says Ukraine could refer attack to international court for war crimes trial
As the world continues to absorb the shock of the destruction of Malaysian Airlines flight MH17 and its 298 passengers and crew, there are two questions which are foremost in almost everyone's mind. What caused this disaster, and who will be criminally punished?
International law is relevant to both questions.
Under international law, Ukraine is responsible for conducting the necessary disaster investigation because the crash occurred in its territory. However, the wreckage is in an area controlled by pro-Russian separatist militias who are suspected of being responsible for destroying the aircraft.
There are also plausible reports of tampering with the crash site by the same militias.
The United Nations Security Council has therefore passed a resolution demanding a "full, thorough and independent international investigation into the incident in accordance with the international civil aviation guidelines and for appropriate accountability".
To this end, the Security Council stressed the need "for all parties to grant immediate access by investigators to the crash site to determine the cause of the incident". This last requirement is obviously addressed mainly to the separatist militias.