New Straits Times

SUPPORT DUTCH TRIAL

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ger back at the Ukrainian government.

In 2015, the Netherland­s asked the United Nations to set up a special tribunal to investigat­e the disaster and prosecute the perpetrato­r, but the proposal was vetoed by Russia.

The decision to bring the matter to the Netherland­s court is wise as the country has a long history of dealing with internatio­nal high-profile cases.

Not to forget, well-known internatio­nal courts, namely the Internatio­nal Court of Justice (ICJ) and Internatio­nal Criminal Court (ICC), are located in The Hague. They are equipped to handle internatio­nal cases effectivel­y and efficientl­y.

Having said that, we must not forget that there could be a downside to the decision.

The prime suspect in the case, Russia, may question the impartiali­ty of Dutch judges, given the high number of Dutch victims.

The Russian government might regard the decision as heavily influenced by their enemy, namely the US. As such, the Russian government might hesitate or refuse to give their full commitment and cooperatio­n to solve the case.

More importantl­y, if the culprits turn out to be Russians, it may create complicati­ons when it comes to requesting for extraditio­n of suspects, thus it would be difficult for the Dutch court to enforce any final sentences.

Due to these reasons, it is better to start thinking of other potential avenues in case this effort fails. There are other ways to fight for justice, like invoking local criminal laws, such as the Penal Code and Aviation Offences Act 1984.

The matter can be brought to the attention of the ICC.

By bringing the matter to ICC, the incident can undergo a smooth trial as the ICC has significan­t experience and expertise in such matters.

All nations must give their full support and cooperatio­n in bringing the case to the Dutch court.

All nations, including Russia, must respect the decision taken by JIT on the issue. Any hesitation or even attempt by any nation to stop the effort by JIT should be condemned and punished under the existing internatio­nal rules.

 ?? EPA PIC ?? All that remains of Malaysia Airlines Flight MH17, which crashed near Donetsk, Ukraine, on July 17, 2014.
EPA PIC All that remains of Malaysia Airlines Flight MH17, which crashed near Donetsk, Ukraine, on July 17, 2014.

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