Malaysia disappointed by failure to create MH17 tribunal

Malaysia is deeply disappointed by the failure of the United Nations Security Council (UNSC) to adopt the draft resolution for the establishment of an ad hoc international criminal tribunal to try those responsible for the downing of Malaysia Airlines flight MH17.

The Ministry of Foreign Affairs in a statement today said the draft resolution would ensure justice for the victims’ families and loved ones, and accountability for the perpetrators.

"It is sending a dangerous message of impunity for the perpetrators of the heinous crime, as well as jeopardising the safety of civil aviation over conflict zones in the future," it said.

The draft resolution failed to be adopted by the UNSC due to a veto from Russia, despite obtaining 11 votes of support from Chad, Chile, France, Jordan, Lithuania, Nigeria, Spain, the United Kingdom, and the United States of America.

China, Venezuela and Angola abstained from voting.

The statement said, Malaysia would remain steadfast in the determination to pursue accountability for the perpetrators and to ensure justice for all the innocent victims on board MH17.

"We will consider and explore other viable options and prosecuting mechanisms that would ensure that justice will be served and that the perpetrators will be held accountable for their actions," it added.

Malaysia introduced the draft resolution on July 29 (yesterday) before the UNSC and the initiative was made on behalf of five countries participating in the Joint Investigation Team (JIT) on the downing of MH17, including Australia, Belgium, Malaysia, the Netherlands and Ukraine.

The draft resolution was introduced by the Transport Minister Datuk Seri Liow Tiong Lai to the Security Council.

It builds on UNSC Resolution 2166 dated July 21 2014, which demanded that those responsible be held to account and that all States cooperate fully with efforts to establish accountability.

Malaysia and the countries participating in the JIT believed that the establishment of an international criminal tribunal by the Council would send a strong signal that the international community was committed to taking actions against those who threaten international peace and security by endangering civil aviation.