Potential Legal Redress Following the Downing of MH17

On 27 and 28 August, Dr. Aaron Matta, Senior Researcher in the Rule of Law Program, and Anda Scarlat, Summer Fellow in the Rule of Law Program, published a two-part commentary on the Opinio Juris Blog. The commentary looks at the downing of Malaysia Flight MH17 in eastern Ukraine and explores the potential legal avenues for redress available to the victims’ families, the affected states and the international community as a whole.

Part 1 of the commentary looks at the potential responsibility of states before the International Court of Justice, or the European Court of Human Rights (through both individual and inter-state complaints). Part 2 of the commentary looks at the individual criminal responsibility of the alleged perpetrators; more specifically, the piece explores the likelihood of prosecutions at the national level, before the International Criminal Court, or before a potential newly created international tribunal dealing specifically with the MH17 incident.

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