Kilka uwag o pociągnięciu do odpowiedzialności karnej za zestrzelenie samolotu MH17
Some Remarks on Criminal Responsibility for the Downing of MH17

Summary/Abstract: The present contribution aims at analysing the avenues of bringing to justice those responsible for the downing of MH17. The aftermath of the tragedy has shown several difficulties of conducting criminal investigation (and the subsequent trial) with foreign elements, which are addressed in the paper. Therefore, it is also crucial to examine the potential for establishing a special international criminal jurisdiction for the given case and to address the requirements for opening the jurisdiction of the permanent International Criminal Court. Taken together, they offer floor for a comprehensive analysis of holding the perpetrators of the downing criminally responsible.The proposed considerations reveal difficulties in dealing with a case involving multiple states. The reactions to the MH17 downing demonstrated wide-ranging cooperation between the majority of states in search of establishing the facts. Given the impossibility of establishing a separate special international criminal jurisdiction for this catastrophe (evident in the efforts presented here for the establishment of a new ad hoc tribunal by the Security Council) and the difficulties in triggering the jurisdiction of the permanent International Criminal Court, the Kingdom of the Netherlands has taken an effective initiative to conduct criminal proceedings under Dutch law, which is analysed in the present paper.

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