conflict zones, featured, Ukraine
Comments 3

MH17 Inquiry: In times of war, does the law fall silent?

The fourth part of the series devoted to revisiting the tragedy of MH17

3 Comments

  1. rtj1211 says

    Thank you for pointing out the legal basis for aviation internationally. I was certainly, as a non-aviation-specialist, unaware of its precise terms, although common sense would have said it to be so.

    Certainly, no-one in the UK MSM is asking the question you have posed, namely: ‘Who is ultimately responsible for the safety of civil airspace in any particular sovereign nation?’

    You have answered that question clearly as: ‘ultimately, President Petro Poroshenko of Ukraine; then Prime Minister of Ukraine Arseniy Yatsenyuk; and Maksim Burbak, then Ukrainian Minister for Infrastructure, within which the Ministry for Aviation is to be found’.

    One supposes that there may be an official ultimately the head of the Ministry for Aviation, who could also be considered as responsible.

    However, the war with the Donbass was clearly initiated by the President and Prime Minister and the consequences of such a decision must rest with those two men.

    The question of course arises whether either were aware of their legal duties to civil air traffic, since neither had been in office for a particularly great length of time.

    In law, however, they will have been deemed to have been aware, courtesy of the office which they held/hold.

    Were they not aware, they are clearly guilty of negligence leading to the deaths of 298 people.

    Were they aware and allowed events to proceed nonetheless, they are clearly guilty of wilful behaviour of a nature likely to endanger the safety of civilian air traffic within Ukrainian airspace, which at its most generous can be called manslaughter……and could conceivably come under the definition of ‘murder of the second degree’, which includes: ‘(a) killing(s) caused by dangerous conduct and the offender’s obvious lack of concern for human life’……

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  2. Ike says

    Congratulations on a great series. I particularly like the “hidden hand” at work in Ukraine who is responsible for MH17 and also the idea that Ukraine is also a victim. Albeit that some Ukrainians are willing dupes in the greater geopolitical drama. The same “hidden hand” is even now supplying sophisticated anti aircraft missiles to Al Qaeda in Syria. These recently bought down a Russian helicopter supplying aid to people in Aleppo.
    I have followed the news about MH17 from the beginning, the deceptive BBC reports from the crash site depicting a Pro-Russian Rebel as interfering with a child victims belongings but neglecting to show him saying a prayer over the teddy bear and then replacing it. The rapidity with which Obama Cameron and Abbot condemned Russia without waiting for any reasonable evidence and the deliberate shelling of the area by Ukraine presented by the BBC etc. as rebels preventing access to the victims as these very same rebels risked their lives to collect bodies with some dignity, in trying conditions, only to have the BBC portray them as “throwing bodies in a cattle truck.” Those truly responsible for murdering the passengers and crew of MH17, as well as those complicit in the coverup, deserve to be exposed .

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