But the doomed flight was destroyed in mid-air over Ukraine’s Donetsk region, which is held by Russian-backed separatists. All 298 people – 15 crew members and 283 passengers belonging to 17 nationalities – were killed. Among the passengers were 196 Dutch nationals. At the time, pro-Russian rebels and Ukrainian forces were in a tense conflict. Ukraine and the West hold Russia and rebels responsible for the downing of the plane. Investigators said the Buk missile used came from a Russian military base. Moscow has repeatedly rejected this claim. The bodies of the victims and the wreckage of the plane were scattered over the sunflowers of eastern Ukraine – a region that eight years later is again a war zone as Russia’s war with its neighbor intensifies. After a lengthy investigation into the case, prosecutors said the alleged suspects – Ukrainian national Leonid Kharchenko and Russians Igor Girkin, Sergey Dubinsky and Oleg Pulatov – played a key role in supplying the missile that downed the flight. A Dutch court hearing the criminal trial of the four men started a case in March 2020 and the judges are due to hand down the verdict on Thursday, from 1:30 p.m. local time (12:30 GMT). Here are five things you should know:
Why is the verdict important?
Brechtje Van De Moosdijk, a spokesman for the Dutch prosecutor’s office covering the MH17 case, told Al Jazeera that the verdict is significant as it marks the first time an independent decision has been made on what happened on the flight. “The court is going to answer three questions: One is related to whether the Russians supplied the missile, the second is related to where it was launched from, and the third is the role of the suspects. These are questions that we have been investigating for years and tomorrow, when the judges deliver their decision, it will be huge and will deliver justice to the innocent parties,” he said. Marnie Howlett, a political scientist and lecturer in Russian and East European Politics at the University of Oxford, said the MH17 tragedy is also a reminder that the war in Ukraine has been ongoing since 2014. “When we see this verdict on MH17, it is important for us to remember that what is happening in Ukraine even now, is not new. The downing of MH17 and the loss of many people was already a big sign that war might happen,” he told Al Jazeera. “When we see the news of the verdict and we see what is happening now in Ukraine, we have to remember that this is not just a nine-month conflict, but an eight-year war,” he added.
Who is accused?
The four men who allegedly took part in the downing of the plane were tried in absentia – a criminal procedure when the accused is not present in court – since they are free. At the time, Igor Girkin, whose nom de guerre is Igor Strelkov, was a colonel in Russia’s Federal Security Service (FSB) and minister of defense in the so-called Donetsk People’s Republic (DPR). Sergey Dubinsky is also a former Russian military intelligence officer, while Ukrainian national Kharchenko headed a DPR combat unit and reported to Dubinsky. All three will be tried in absentia. But Oleg Pulatov, who is a former Russian intelligence officer and Dubinsky’s deputy, agreed to be represented by his lawyers at the trial. According to Van De Moosdijk, prosecutors have asked for a maximum life sentence for the four men who are likely to be in Russia. “All are on a wanted list and can be arrested based on the court’s verdict, once their whereabouts are confirmed. If they are convicted – which we don’t know yet – they can be re-arrested to serve their sentences. But as we know, Russia does not allow this in its constitution, making the legal process difficult,” he told Al Jazeera. Van De Moosdijk said both prosecutors and the defense team could appeal the court’s verdict if they are not satisfied with the decision. “If there is an appeal, it would mean that the entire trial would have to be held again with different judges, causing the case to drag on for many more years,” he added. According to the Reuters news agency, Pulatov’s legal team has already argued that the trial so far has been unfair and not properly reviewed.
What do victims want?
The victims’ families have waited eight years for this court decision, and Thursday’s ruling could bring solace to many, Van De Moosdijk said. “We have been meeting with the families of the victims since the beginning of the case and we have made it our priority to share our findings from the investigation and also to inform them about how the Dutch legal system works,” he told Al Jazeera. “While many of them know that the suspects are at large, the families feel it is important for the court to find out what happened and hold the perpetrator accountable.” Grieving families of the victims from around the world are expected to gather at the high-security court near Amsterdam’s Schiphol Airport, where the flight took off, to hear Dutch judges deliver their verdict. For those unable to attend, the court has ensured that the verdict, which will be delivered in Dutch, is broadcast live and translated into English. In addition, if the suspects are found guilty, the court is expected to announce the final compensation that will apply to the families of the victims. That amount could be between 30,000 and 40,000 euros ($31,000 to $41,500), but lawyers for the victims asked for a higher amount, Van De Moosijk said.
Is Russia on trial?
The Dutch MH17 court verdict comes at a tense time, with Ukraine still battling a Russian attack. Howlett points out that while much of the debate surrounding the verdict is whether the suspects will be jailed or whether Russia will be held accountable, the fact that a legal investigation was conducted in the first place is significant. “Many countries such as the Netherlands, Australia, Malaysia and others have been involved in the investigation of the case and the legal process that is taking place is really important. The fact that foreign countries have actually gone through these procedures to try these individuals also shows that the West cares about Ukraine and supports them in their fight against Russia,” he said. “While the West believes in the rule of law, Russia does not. So the verdict, whatever it is, will not be upheld in Russia, escalating political tensions. But we have to wait and watch,” he added.
What can we learn from this case?
Eight years on, the MH17 case has important lessons, according to Howlett and Van De Moosdijk. “The delivery of this verdict is important for the people who lost their lives and for their families and countries who await justice. But it’s also a lesson for the West about the importance of being able to explore this case freely. This is something that Ukrainians and others who have experienced crimes are essentially fighting for right now,” Howlett told Al Jazeera. Van De Moosdijk said: “Five countries legally cooperating in the investigation of a case can be challenging. But there was good cooperation with each piece of evidence being repeatedly and thoroughly validated. “In the search for the truth, it is important to remember that the process can take a long time, with thorough investigations. But at the end of the day, this lengthy process is important not just for victims of crime but for our societies as a whole.”
