The relatives of the MH17 victims want the perpetrators of the plane crash tragedy to be punished. In doing so, you do not rely solely on the international research, which is in the Netherlands.
At the beginning of April, the relatives of MH17 Victims have filed a total of three actions. Two of them are before the European court of human rights in Strasbourg. Another complaint of the relatives of the US have filed a citizen, and MH17-victim, Quinn Lucas Schansman in the U.S. Federal court in New York. They accuse the Russian banks Sberbank and VTB, as well as the US financial companies, Western Union and MoneyGram to transfer money to the Pro-Russian separatists of the self-proclaimed “people’s Republic of Donetsk” in the East of Ukraine is carried out.
From there it was on the 17. July 2014-to-air missile of the type “Buk”, the Boeing 777 of the Malaysia Airlines flight MH17 was shot down. The international team of investigators under the leadership of the Netherlands is convinced. The machine was on its way from Amsterdam to Kuala Lumpur. Onboard there were 298 people, including 196 Dutch. At the launch, all of the occupants were killed.
Aggravating Circumstances
The procedure in New York is likely to be difficult, however, because two of the defendant banks are located in Russia. “The American Supreme Court has limited the extraterritorial reach of US Law in several decisions of principle,” said Matthias Lehmann from the Institute for private International law and comparative law at the University of Bonn at the request of the DW. Extra-territorial in scope, however, the Antiterrorism Act of 1992, the relatives of the victim called. He, however, could only be applied, if the shooting down of the aircraft would be classified as terrorism. Un is exactly the Lehmann considers to be doubtful.
Ultimately, says the lawyer, should determine the U.S. court of its jurisdiction over the Russian Sberbank. “The prerequisite would be that the Bank develops activities in the United States, or at least the American financial system for the financing of the separatists has used,” emphasized Lehmann. For example, a Dollar would suffice Transfer on the American financial system. “Whether this was the case, it must clarify to the court,” said Lehmann.
Antonios Tzanakopoulos from the faculty of law of the University of Oxford considers that it is “relatively unlikely” that the plaintiff will have before a US-court success. According to him, it will be difficult to prove a connection between the downed Boeing, and money transfers to be made through Sberbank or Western Union. “The court will require evidence that there is a causal connection between the services of a Bank and of a specific criminal Offence”, so Tzanakopoulos.
A precedent for Strasbourg?
Better the success are probably the prospects of the 380 members of Russia want to move in front of the European court of human rights with two class actions accountable. The applicant from Germany, Australia, the Netherlands, the USA and other countries accuse Russia of the right to life of the victims injured and not enough for the investigation of the crime done. Moscow, which denies involvement in the tragedy, confirmed the receipt of the writ, and still want to take prior to the fall position.
Kirill Korotejew, head of the international human rights organization “Agora”, wonders how to get to the Strasbourg court at all of a decision. Finally, the main evidence, including the “Buk”missile system being on, in Russia, and it don’t look as if there will be an investigation of the case. Korotejew says, before the court, there had been no case in which the judge about the violation of the human rights Convention by a state without the evidence from the country concerned, decisions had to be made.
Members of the remembrance of the MH17 victims in the Netherlands Vijfhuizen
Antonios Tzanakopoulos is a certainty that the court has the appropriate experience. Everything depends on the Evidence of the plaintiff. He recalled that the judges have pulled great Britain because of the actions of its troops in Iraq for the responsibility. “And the Turkey has been drawn due to their action in Cyprus to the responsibility”, so Tzanakopoulos. In its view, the plaintiff would have to prove that the East of Ukraine was controlled at the time of the Downing of Russia.
Frank Meyer from the Institute of Law of the University of Zurich is of the view that the MH17 lawsuit in Strasbourg, is a precedent. “In the recent past, there have been a number of proceedings in which it had to do with the European court of human rights with non-cooperative defendants,” he said at the request of the DW. However, it is to be seen whether the judge will follow this pattern also in the case of MH17 and external investigation reports on the investigation of the Facts pre-and Russia non-Cooperation as an indication of the fault interpretation.
In addition, Meyer, there is a new line of case-law, according to which all States parties to the human rights Convention collective for the protection of human rights. It is an obligation for all Convention States to afford each other legal assistance in investigations, regardless of the place of injury or participation emphasises Meyer: “at a minimum, this procedural obligation has clearly been blatantly violated.”
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