MH17: Independent tribunal timely and necessary

The UN Security Council (UNSC) has collectively demanded accountability and the Ministry of Foreign Affairs Malaysia believes the time is right for the council to put the demand into action on those responsible for the downing of Malaysia Airlines flight MH17.

“It is important for the Security Council to take clear and decisive action against those responsible for the downing of MH17 to send a clear message to the growing number of non-State actors with the ability to target civilian aircraft that such attacks will not be tolerated," said the Ministry of Foreign Affairs in a statement today.

“Establishment of the tribunal at this stage is also consistent with the Security Council’s own practice. All other ad hoc criminal courts and tribunals were established prior to the completion of investigations," it added.

The set up of an independent tribunal by UNSC before the completion of criminal investigation would make sure the tribunal is as neutral as possible.

The ministry added that “the judges, prosecutor and registrar would be appointed by the UN Secretary-General.

“The Prosecutor would be entirely independent and would have the power to conduct additional investigations.”

The UNSC unanimously adopted Resolution 2166, which called for an independent investigation into the downing of Malaysia Airlines flight MH17 a year ago.

Apart from the decision to remain seized of the matter they wanted to bring the perpetrators accountable.

UN Secretary-General Ban Ki-moon welcomed the progress made by the independent international investigation in accordance with SC Resolution 2166 during the one year anniversary of the downing of MH17.