War crimes and the downing of Malaysian airliner MH-17

The downing of Malaysian Airliner MH 17 is not the first incident of shooting down a civilian airliner. There are several other cases where civilian aeroplanes carrying passengers were shot down. The case of MH 17 is a recent incident that attracts condemnation from the international community. MH 1...

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Main Authors:	Ishan Jan, Mohammad Naqib, Lawan Haruna, Abdulrashid
Format:	Article
Language:	English English English
Published:	UPM Press 2015
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/47436/ http://irep.iium.edu.my/47436/ http://irep.iium.edu.my/47436/1/War_Crimes_and_the_Downing_of_Malaysian_Airliner_MH-17%2C_Art_2015.pdf http://irep.iium.edu.my/47436/4/47436_War%20crimes%20and%20the%20downing%20of%20Malaysian%20airliner_Scopus.pdf http://irep.iium.edu.my/47436/5/47436_War%20crimes%20and%20the%20downing%20of%20Malaysian%20airliner_WOS.pdf

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recordtype	eprints
spelling	iium-474362017-09-25T08:20:30Z http://irep.iium.edu.my/47436/ War crimes and the downing of Malaysian airliner MH-17 Ishan Jan, Mohammad Naqib Lawan Haruna, Abdulrashid K Law (General) The downing of Malaysian Airliner MH 17 is not the first incident of shooting down a civilian airliner. There are several other cases where civilian aeroplanes carrying passengers were shot down. The case of MH 17 is a recent incident that attracts condemnation from the international community. MH 17 was shot down within the territorial air space of Ukraine, an area under the control of the separatists who are fighting against the government of Ukraine. It was alleged that the airliner was downed by the separatists who are enjoying the support of the Russian government. The same accusation is levied against the Ukrainian government. Thus, this article examines the shooting down of the Malaysian airliner MH 17 and determines who should be responsible for the heinous crime. It examines whether the conflict in Ukraine amounts to an international armed conflict under international humanitarian law (IHL) which can be linked with the downing of MH 17. The article further examines the probable responsibility and jurisdictional problems to be faced in prosecuting the crime of shooting down MH 17 and the possible claims for compensation to the victims’ family. The article posits that the situation in Ukraine is indeed an armed conflict and the shooting down of Malaysian airliner MH 17 constitutes a war crime of targeting civilians as envisaged under the Statute of the International Criminal Court (ICC). The jurisdictional problems in prosecution of the crime may be addressed by invoking universal jurisdiction. It is recommended that an international criminal investigation should be launched on the downing of MH 17 in order to find the culprits responsible for the crime for the purpose of subsequent prosecution for war crimes and compensation claims. UPM Press 2015 Article PeerReviewed application/pdf en http://irep.iium.edu.my/47436/1/War_Crimes_and_the_Downing_of_Malaysian_Airliner_MH-17%2C_Art_2015.pdf application/pdf en http://irep.iium.edu.my/47436/4/47436_War%20crimes%20and%20the%20downing%20of%20Malaysian%20airliner_Scopus.pdf application/pdf en http://irep.iium.edu.my/47436/5/47436_War%20crimes%20and%20the%20downing%20of%20Malaysian%20airliner_WOS.pdf Ishan Jan, Mohammad Naqib and Lawan Haruna, Abdulrashid (2015) War crimes and the downing of Malaysian airliner MH-17. Pertanika Journal of Social Science & Humanities, 23 (Spec.). pp. 83-96. ISSN 0128-7702 http://www.pertanika.upm.edu.my/Pertanika%20PAPERS/JSSH%20Vol.%2023%20(S)%20Oct.%202015/07%20JSSH%20Vol%2023%20(S)%20Oct%202015_pg83-96.pdf
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English English English
topic	K Law (General)
spellingShingle	K Law (General) Ishan Jan, Mohammad Naqib Lawan Haruna, Abdulrashid War crimes and the downing of Malaysian airliner MH-17
description	The downing of Malaysian Airliner MH 17 is not the first incident of shooting down a civilian airliner. There are several other cases where civilian aeroplanes carrying passengers were shot down. The case of MH 17 is a recent incident that attracts condemnation from the international community. MH 17 was shot down within the territorial air space of Ukraine, an area under the control of the separatists who are fighting against the government of Ukraine. It was alleged that the airliner was downed by the separatists who are enjoying the support of the Russian government. The same accusation is levied against the Ukrainian government. Thus, this article examines the shooting down of the Malaysian airliner MH 17 and determines who should be responsible for the heinous crime. It examines whether the conflict in Ukraine amounts to an international armed conflict under international humanitarian law (IHL) which can be linked with the downing of MH 17. The article further examines the probable responsibility and jurisdictional problems to be faced in prosecuting the crime of shooting down MH 17 and the possible claims for compensation to the victims’ family. The article posits that the situation in Ukraine is indeed an armed conflict and the shooting down of Malaysian airliner MH 17 constitutes a war crime of targeting civilians as envisaged under the Statute of the International Criminal Court (ICC). The jurisdictional problems in prosecution of the crime may be addressed by invoking universal jurisdiction. It is recommended that an international criminal investigation should be launched on the downing of MH 17 in order to find the culprits responsible for the crime for the purpose of subsequent prosecution for war crimes and compensation claims.
format	Article
author	Ishan Jan, Mohammad Naqib Lawan Haruna, Abdulrashid
author_facet	Ishan Jan, Mohammad Naqib Lawan Haruna, Abdulrashid
author_sort	Ishan Jan, Mohammad Naqib
title	War crimes and the downing of Malaysian airliner MH-17
title_short	War crimes and the downing of Malaysian airliner MH-17
title_full	War crimes and the downing of Malaysian airliner MH-17
title_fullStr	War crimes and the downing of Malaysian airliner MH-17
title_full_unstemmed	War crimes and the downing of Malaysian airliner MH-17
title_sort	war crimes and the downing of malaysian airliner mh-17
publisher	UPM Press
publishDate	2015
url	http://irep.iium.edu.my/47436/ http://irep.iium.edu.my/47436/ http://irep.iium.edu.my/47436/1/War_Crimes_and_the_Downing_of_Malaysian_Airliner_MH-17%2C_Art_2015.pdf http://irep.iium.edu.my/47436/4/47436_War%20crimes%20and%20the%20downing%20of%20Malaysian%20airliner_Scopus.pdf http://irep.iium.edu.my/47436/5/47436_War%20crimes%20and%20the%20downing%20of%20Malaysian%20airliner_WOS.pdf
first_indexed	2023-09-18T21:07:30Z
last_indexed	2023-09-18T21:07:30Z
_version_	1777411031889346560

War crimes and the downing of Malaysian airliner MH-17

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