![Officers at the MH17 crash site in Ukraine.](https://static.ffx.io/images/$width_300%2C$height_150/t_crop_auto/t_sharpen%2Cq_auto%2Cf_auto/71fa7622fb25824d857a53d0c4fd738f6539f584)
Officers at the MH17 crash site in Ukraine.Credit:AP
What happened that day?
Flight MH17 was on its way from Amsterdam to Kuala Lumpur on July 17,2014. The plane had 283 passengers and 15 crew members.
The aircraft was flying over eastern Ukraine when,at 1.20pm and just seconds after the pilots had verbally communicated with air traffic control operators,it disappeared. No distress messages were received. Everything had been normal in the three hours since takeoff.
Minutes later,wreckage,luggage and bodies fell to the ground in six main crash sites located in and around the village of Hrabove. It is widely accepted that a missile had exploded above the cockpit,detonating with such force that the front of the plane tore away. The rest of the Boeing 777-200 broke up midair and everyone on board was killed,including 38 Australian citizens and residents.
Loading
Should the plane have even been flying there?
An armed conflict between Ukrainian troops and Russian-backed separatists had broken out in the highly contested eastern Ukraine region in April 2014. What started as a ground battle eventually spread to the skies,with Ukrainian helicopters,transport aeroplanes and fighters shot down at various points.
On July 14,Ukrainian authorities banned commercial planes from flying in the area at or below 32,000 feet. MH17 was flying at 33,000 feet when it was hit by the missile.
Dutch safety investigators later concluded that the airspace over the war zone should have been closed as a precaution. Malaysia Airlines has also been criticised for not being aware of the risk however almost all airlines that used that particular route continued to do so despite the worsening situation on the ground. On the day of the crash alone,160 planes flew over the eastern part of Ukraine.
![Australian Federal Police officers and their Dutch counterparts collect human remains from the MH17 crash site.](https://static.ffx.io/images/$width_300%2C$height_150/t_crop_auto/t_sharpen%2Cq_auto%2Cf_auto/48038f57fea71ff9c50a267d6833b498ff67bcf2)
Australian Federal Police officers and their Dutch counterparts collect human remains from the MH17 crash site.Credit:Kate Geraghty
What is the court case about?
Suspicion almost instantly fell towards the Russian-backed separatists. A joint investigation led by the Netherlands but with lots of help from Australian officials – including Australian Federal Police officers – was formed and quickly ruled out mechanical malfunction or a meteor strike.
After forensic analysis of the crash site and exhaustive review of classified intelligence and telephone intercepts,the Joint Investigation Team concluded that a Buk launcher belonging to the Russian army had been sent over the border into Ukraine and was used to shoot down MH17 before being sent back over the border,minus one missile. Given that finding,Dutch prosecutors are now seeking the convictions of four people over their roles in bringing down the plane.
![From left,Igor Girkin,Sergey Dubinsky,Oleg Pulatov,Leonid Kharchenko.](https://static.ffx.io/images/$width_300%2C$height_150/t_crop_auto/t_sharpen%2Cq_auto%2Cf_auto/09bd4544eea3df018ddebfa2c69c24b270a7bf42)
From left,Igor Girkin,Sergey Dubinsky,Oleg Pulatov,Leonid Kharchenko.Credit:AP
Who is being tried?
- Igor Vsevolodovich Girkin,a former colonel of the Russian Federal Security Service. On the day MH17 was shot down,Girkin was Minister of Defence and commander of the army of the self-proclaimed Donetsk People's Republic (DPR). Prosecutors say that as the highest military officer in the area,he maintained regular contact with the Russian Federation.
- Sergey Nikolayevich Dubinsky,a former military officer of the GRU,the Russian military intelligence service. Dubinsky was one of Girkin’s deputies and also head of the intelligence service of the DPR.
- Oleg Yuldashevich Pulatov,a former military officer of the Russian Spetznaz-GRU,a special unit of the Russian military intelligence service. Pulatov was deputy head of the intelligence service of the DPR and one of the deputies of Dubinsky.
- Leonid Volodymyrovych Kharchenko,the only Ukrainian suspect. He has no military background but prosecutors say he received his orders directly from Dubinsky and in July 2014 was commander of a combat unit in the Donetsk region.
Prosecutors allege the four co-operated to obtain and deploy the missile launcher at the firing location with the aim of shooting down an aircraft. It is not known whether any of them actually pushed the launch button.
What specific crimes are they charged with?
- Causing the crash,resulting in the deaths of all on board,punishable under Article 168 of the Dutch Criminal Code
- The murder of the 298 people on MH17,punishable under Article 289 of the Dutch Criminal Code.
What are the maximum sentences?
Under the Dutch code,murder carries a maximum sentence of life imprisonment. Destroying an aircraft carries a maximum sentence of life in prison if it results in the"death of a person".
Will the four be in the dock?
No. This trial will be unique in that the four won't be present in the court. Given extradition laws in Russia and Ukraine do not allow extradition of nationals,their extradition was not requested because it would have never been granted. However,Dutch laws allow the four to be tried in absentia. If they are convicted,it is doubtful whether any prison sentence could be effected in Russia or Ukraine. International arrest warrants have been issued for Girkin,Dubinsky,Pulatov and Kharchenko but it is highly unlikely they would ever travel given the risk of arrest.
![A screenshot of a computerised video obtained from the Joint Investigation Team of the launch of a 9M38 BUK missile that shot down Malaysia Airlines Flight 17 (MH17) over Ukraine on July 17,2014.](https://static.ffx.io/images/$width_300%2C$height_150/t_crop_auto/t_sharpen%2Cq_auto%2Cf_auto/5dad9277db51c7551f259702f93ce64f82663773)
A screenshot of a computerised video obtained from the Joint Investigation Team of the launch of a 9M38 BUK missile that shot down Malaysia Airlines Flight 17 (MH17) over Ukraine on July 17,2014.Credit:AAP/JIT
Where is the trial and how long will it take?
Nearly two-thirds of the victims were Dutch so the Netherlands took a leading role in the investigation and the prosecution. As a result,the trial will be held in the Dutch legal system with hearings at the Schiphol Judicial Complex,just to the south of Amsterdam and right next door to the runway where MH17 took off in 2014. Three judges will hear the trial and there are a couple on reserve as well just in case they are needed. The first phase of the trial will last for two weeks but Dutch officials say it could run well into early 2021.
![An Australian and Dutch flag hang on the wall next to maps showing the flight path of MH17 in the National Police of the Netherlands criminal investigation building in 2015.](https://static.ffx.io/images/$width_300%2C$height_150/t_crop_auto/t_sharpen%2Cq_auto%2Cf_auto/8253ba4dd735a82529dec63a67a9c02d350609c7)
An Australian and Dutch flag hang on the wall next to maps showing the flight path of MH17 in the National Police of the Netherlands criminal investigation building in 2015.Credit:Kate Geraghty
What sort of evidence will be presented?
Prosecutors plan to use highly technical analysis to convince the judges of at least three key things:that the plane was definitely shot down,that it was shot down by the Russian missile,and that the four suspects had a direct role in obtaining the weapon with the intent of using it to shoot down aircraft. Thousands of documents and filed will be presented over the course of the trial as well as witness statements from families of the victims.
The Australian government has set aside $50 million to help pay for the prosecution and help families who want to be at the hearings. Australian Federal Police officers involved in the joint investigation and the recovery operation could be called to give evidence. Relatives of the victims will also have the right to address the court. An international media contingent of about 500 reporters is expected.
Provision has been made for the international character of the trial,says the Netherlands Public Prosecution Service."This will allow the court,for example,to allow certain parts of the criminal proceedings to be conducted in English,such as the exercise of the right to speak by foreign next of kin."
The proceedings will be live streamed here in Dutch and English.
What has been Vladimir Putin's response?
Russia has consistently denied involvement in the crash and repeatedly denied the missile launcher belonged to its army. The evidence of the Joint Investigation Team has pointed to Russia's culpability for several years but that has not been enough to sway President Vladimir Putin into admitting responsibility and paying compensation to family members. The Kremlin has also tried to discredit the investigation,so at this point it seems unlikely that the trial will force a change of heart from Putin.