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Malaysia Airlines Flight 17

Malaysia Airlines Flight 17 (MH17/MAS17)[a] was a scheduled passenger flight from Amsterdam to Kuala Lumpur that was shot down by Russian forces[4] on 17 July 2014, while flying over eastern Ukraine. All 283 passengers and 15 crew were killed.[5] Contact with the aircraft, a Boeing 777-200ER, was lost when it was about 50 km (31 mi) from the Ukraine–Russia border, and wreckage from the aircraft fell near Hrabove in Donetsk Oblast, Ukraine, 40 km (25 mi) from the border.[6] The shoot-down occurred during the war in Donbas over territory controlled by Russian separatist forces.[7]

Malaysia Airlines Flight 17
9M-MRD, the aircraft involved, 2011
Shootdown
Date17 July 2014 (2014-07-17);
8 years, 5 months ago
SummaryShot down by a Buk 9M83 surface-to-air missile transported from Russia on the day of the crash[1][2]
SiteNear Hrabove, Donetsk Oblast, Ukraine
48°08′18.1″N 38°38′21.3″E / 48.138361°N 38.639250°E / 48.138361; 38.639250Coordinates: 48°08′18.1″N 38°38′21.3″E / 48.138361°N 38.639250°E / 48.138361; 38.639250[3]: 111 
Aircraft
Aircraft typeBoeing 777-200ER
OperatorMalaysia Airlines
IATA flight No.MH17
ICAO flight No.MAS17
Call signMalaysian 17
Registration9M-MRD
Flight originAmsterdam Airport Schiphol, Netherlands
DestinationKuala Lumpur International Airport, Malaysia
Occupants298
Passengers283
Crew15
Fatalities298
Survivors0

The responsibility for investigation was delegated to the Dutch Safety Board (DSB) and the Dutch-led joint investigation team (JIT), who in 2016 reported that the airliner had been downed by a Buk surface-to-air missile launched from pro-Russian separatist-controlled territory in Ukraine.[3][8] The JIT found that the Buk originated from the 53rd Anti-Aircraft Missile Brigade of the Russian Federation[9][10] and had been transported from Russia on the day of the crash, fired from a field in a rebel-controlled area and the launch system returned to Russia afterwards.[1][2][9]

The findings by the DSB and JIT were consistent with the earlier claims by American and German intelligence sources[11][12] and claims by the Ukrainian government.[13] On the basis of the JIT's conclusions, the governments of the Netherlands and Australia held Russia responsible for the deployment of the Buk installation and began pursuing legal remedies in May 2018.[14][15] The Russian government denied involvement in the shooting down of the airplane,[10][16][17] and its account of how the aircraft was shot down has varied over time.[18] Coverage in Russian media has also differed from that in other countries.[19][20]

On 17 November 2022, following a trial in absentia in the Netherlands, two Russians and a Ukrainian separatist were found guilty of murdering all 298 people onboard flight MH17 by shooting it down. The Dutch court also ruled that Russia was in control of the separatist forces fighting in eastern Ukraine at the time.[4]

This was Malaysia Airlines' second aircraft loss during 2014, after the disappearance of Flight 370 four months prior on 8 March,[21] and is the deadliest airliner shoot-down incident to date.[22]

Aircraft

Flight 17, which was also marketed as KLM Flight 4103 (KL4103) through a codeshare agreement,[23] was operated with a Boeing 777-2H6ER,[b] serial number 28411, registration 9M-MRD.[3]: 30  The 84th Boeing 777 produced, it first flew on 17 July 1997, exactly 17 years before the incident, and was delivered new to Malaysia Airlines on 29 July 1997.[24] Powered by two Rolls-Royce Trent 892 engines and carrying 280 seats (33 business and 247 economy), the aircraft had recorded more than 76,300 hours in 11,430 cycles before the crash.[3]: 30  The aircraft was in an airworthy condition at departure.[3]: 31 

The Boeing 777, which entered commercial service on 7 June 1995, has one of the best safety records among commercial aircraft.[25] In June 2014 there were about 1,212 aircraft in service, with 340 more on order.[26]

Passengers and crew

People on board by nationality[3]: 27 
Nation Number
Australia 27
Belgium 4
Canada[c] 1
Germany[d] 4
Indonesia 12
Malaysia[e] 43
Netherlands[f] 193
New Zealand 1
Philippines 3
United Kingdom[g] 10
Total 298

The incident is the deadliest airliner shoot-down incident to date.[22] All 283 passengers and 15 crew died.[3]: 27  By 19 July, the airline had determined the nationalities of all 298 passengers and crew.[21]

The crew were all Malaysian, while over two-thirds (68%) of the passengers were Dutch. Most of the other passengers were Malaysians and Australians; the remainder were citizens of seven other countries.[3]: 27 

Among the passengers were delegates en route to the 20th International AIDS Conference in Melbourne, including Joep Lange, a former president of the International AIDS Society, which organised the conference.[29] Many initial reports had erroneously indicated that around 100 delegates to the conference were aboard, but this was later revised to six.[30] Also on board were Dutch Senator Willem Witteveen,[31] Australian author Liam Davison,[32] and Malaysian actress Shuba Jay.[33]

At least twenty family groups were on the aircraft and eighty passengers were under the age of 18.[34][35]

The flight crew were captains Wan Amran Wan Hussin (49) and Eugene Choo Jin Leong (44), and first officers Ahmad Hakimi Hanapi (29) and Muhamad Firdaus Abdul Rahim (26). Captain Wan had a total of 13,239 flight hours, including 7,989 in Boeing 777s. Captain Choo had a total of 12,385 flight hours, including 7,303 in Boeing 777s. First Officer Ahmad had a total of 3,190 flight hours, including 227 in Boeing 777s. First Officer Muhamad Firdaus had a total of 4,058 flight hours, including 296 in Boeing 777s.[3][36][h]

Background

The armed conflict in Eastern Ukraine led some airlines to avoid eastern Ukrainian airspace in early March 2014 due to safety concerns.[38][39] In the months prior to 17 July, reports circulated in the media on the presence of weapons, including surface-to-air missiles, in the hands of the rebels that were fighting the Ukrainian government in eastern Ukraine.[40][41]

On 26 May, a spokesperson of the Ukrainian Armed Forces stated that a surface-to-air missile system that was being used by the rebels, near Donetsk airport, had been destroyed by a helicopter of the Ukrainian army. On 6 June 2014 The International New York Times reported that surface-to-air missiles had been seized from military bases. On 11 June, the newspaper Argumenty nedeli [de] reported that a Buk-M1 missile launcher had been present in an area under the separatists' control. On 29 June the Russian news agencies reported that insurgents had obtained a Buk missile system after having taken control of Ukrainian military unit A-1402;[40][41] and the Donetsk People's Republic claimed possession of such a system in a since-deleted tweet.[40][42][43]

Such air defence systems cannot reliably identify and avoid civilian aircraft.[44][45] The Ukrainian authorities declared in the media that this system was not operational.[3]: 187–188  According to the subsequent statement of the Security Service of Ukraine, three Buk missile systems were located on militia-controlled territory at the time that Malaysia Airlines Boeing 777 was shot down. On the night following the downing of MH17, two Buk launcher vehicles, one of which carried three missiles, (out of a normal complement of four), was observed moving into Russia.[46][47][48]

Several aircraft from the Ukrainian Air Force were shot down in the months and days preceding the MH17 incident. On 14 June 2014, a Ukrainian Air Force Ilyushin Il-76 military transport was shot down on approach to Luhansk International Airport, with loss of nine crew members and forty troops.[3]: 183  On 14 July 2014, a Ukrainian Air Force An-26 transport aircraft flying at 6,500 m (21,300 ft) was shot down.[3]: 183  The militia reportedly claimed via social media that a Buk missile launcher, which they had previously seized and made operational, had been used to bring down the aircraft.[49] American officials later said evidence suggested the aircraft had been shot down from Russian territory.[50]

On 16 July, the Ministry of Defence of Ukraine reported that at about 13:00 local time "terrorists" used MANPADs against a Su-25 jet which was performing a flight mission in the ATO zone. According to the report, the airplane received minor damage and was forced to make a landing.[51][52][53] Later, the Ministry of Defence of Ukraine reported on the second Su-25 that was attacked on the same day at about 19:00 local time near the Ukrainian-Russian border in the area of Amvrosiivka.[54][55] According to the details reported by Ukraine's RNBO spokesperson Andriy Lysenko, the Ukrainian Su-25 was shot down by an R-27T medium range air-to-air missile fired by a MiG-29 jet from Russian territory while the Su-25 was at an altitude of 8,250 m.[3]: 185 [56] The Russian Defence Ministry said that the accusations were false.[57][58] In response to additional questions by the Dutch Safety Board, the Ukrainian authorities reported that a "provisional investigation" had revealed that the airplane had been shot down while flying at an altitude of 6,250 m. Ukrainian authorities also thought that the Su-25 could have been shot down with a Pantsir missile system from Russian territory, though they thought this less likely.[3]: 185 

On 17 July, an Associated Press journalist saw a Buk launcher in Snizhne, in Donetsk Oblast, 16 kilometres (10 mi) southeast of the crash site. The reporter also saw seven separatist tanks near the town.[59] Associated Press journalists reported that the Buk M-1 was operated by a man "with unfamiliar fatigues and a distinctive Russian accent" escorted by two civilian vehicles.[60] The battle around Savur-Mohyla has been suggested as the possible context within which the missile that brought down MH17 was fired, as separatists deployed increasingly sophisticated anti-aircraft weaponry in this battle, and had brought down several Ukrainian jets in July.[61]

In April, the International Civil Aviation Organization had warned governments that there was a risk to commercial passenger flights over south-eastern Ukraine.[3]: 217  The American Federal Aviation Administration issued restrictions on flights over Crimea, to the south of MH17's route, and advised airlines flying over some other parts of Ukraine to "exercise extreme caution". This warning did not include the MH17 crash region.[62][63] 37 airlines continued overflying eastern Ukraine and about 900 flights crossed the Donetsk region in the seven days before the Boeing 777 was shot down.[64] Russian air traffic controllers issued a notice effective 17 July at 00:00 with two conflicting altitude restrictions in the airspace in the adjacent area over Russia below 32,000 feet (9,800 m) and below 53,000 feet (16,000 m). Long-distance flights typically travel at altitudes of 33,000 to 44,000 feet,[65] so the second restriction would effectively close that airspace to civilian overflights, but the second restriction was not noted by the automated systems of Malaysian Airlines and the route was not changed. The reason given for the notice was "armed conflict in Ukraine". Russian authorities told the Dutch Safety Board the notice had been published "to create agreement with the adjoining Ukrainian airspace", but provided no clarification for the higher restriction.[66][67]

The airspace above Donetsk was managed by Ukraine. The Ukrainian authorities imposed restrictions for flights under 32,000 feet (9,800 m), but did not consider closing the airspace to civil aviation completely.[3]: 10 [68][69] As with other countries, Ukraine receives overflight fees for commercial aircraft that fly through their territory and this may have contributed to the continued availability of civilian flight paths through the conflict zone.[70][71] However, the Netherlands, where the main investigation was conducted, did not hold Ukraine accountable for not closing its airspace due to lack of evidence that it should have done so.[72]

Flight and shoot-down

 
Route of Malaysia Airlines Flight 17
 
Routes of Malaysia Airlines Flight 17 (MH17) and Singapore Airlines Flight 351 (SQ351), including airspace restrictions

On Thursday, 17 July 2014, Malaysia Airlines Flight 17 departed from Amsterdam Airport Schiphol Gate G3 at 12:13 CEST (10:13 UTC), thirteen minutes later than the scheduled departure time, and took off at 12:31 local time (10:31 UTC).[3]: 23  It was due to arrive at Kuala Lumpur International Airport at 06:10 MYT, Friday, 18 July (22:10 UTC, 17 July).[73]

Cruise

According to the original flight plan, MH17 was to fly over Ukraine at flight level 330 (33,000 feet or 10,060 metres) and then change to FL 350 around the Ukrainian city of Dnipropetrovsk. When it reached the area as planned, at 15:53 local time (12:53 UTC), Dnipropetrovsk Air Control (Dnipro Control) asked MH17 if they could climb to FL 350 as planned, and also to maintain separation from another flight, Singapore Airlines Flight 351 (SQ351), also at FL 330. The crew asked to remain at FL 330 and the air traffic controller approved this request, moving the other flight to FL 350. At 16:00 local time (13:00 UTC), the crew asked for a deviation of 20 nautical miles (37 km) to the left (north) off course, on airway L980, due to weather conditions. This request was also approved by Dnipro Control ATC. The crew then asked if they could climb to FL 340, which was rejected as this flight level was not available, so MH17 remained at FL 330. At 16:19 local time (13:19 UTC), Dnipro Control noticed that the flight was 3.6 nautical miles (6.7 km) north of the centreline of its approved airway and instructed MH17 to return to the track. At 16:19 local time (13:19 UTC), Dnipro Control contacted Russian ATC in Rostov-on-Don (RND Control) by telephone and requested clearance to transfer the flight to Russian airspace. After obtaining permission, Dnipro Control attempted to contact MH17 for handing them off to RND Control at 16:20 local time (13:20 UTC), but the aircraft did not respond. When MH17 did not respond to several calls, Dnipro Control contacted RND Control again to check if they could see the aircraft on their radar. RND Control confirmed that the airliner had disappeared.[5]

Shoot-down

Flight data recordings

The Dutch Safety Board reported that both the cockpit voice recorder (CVR) and the flight data recorder (FDR) stopped recording at 16:20:03 local time (13:20:03 UTC). The last FDR data indicates that the plane was at the position of 48.12715 N 38.52630538 E located west of the urban-type settlement Rozsypne (Розсипне), near Hrabove, heading east-southeast (ESE, 115°) at an altitude of 32,998 feet above sea level with a ground speed of 494 knots (915 km/h; 568 mph) and an indicated airspeed of 293 knots.[5][3]: 46–47 & 111  The flight recorders show no sign of warning or unusual occurrence prior to the end of their recordings, but two sound peaks are heard in the last 20 milliseconds of the CVR recording.[3]: 45 

Missile strike

At 16:20:03 local time (13:20:03 UTC), a Buk ground-to-air missile, which had been launched from an area southeast of the aircraft, detonated outside the airplane, just above and to the left of the cockpit.[3]: 142–147  The blast and fragments of the missile severely damaged the cockpit and instantly killed three crew members in it.[3]: 147–149, 139–141, 136  Evidence on the left engine intake ring and left wing tip suggests that the left wing and left engine had also picked up some shrapnel from the missile.[3]: 60, 136  An explosive decompression occurred, tearing the forward section of the aircraft into pieces, causing the middle and rear sections to tear into three sections and depressurizing the cabin.[3]: 150–152  The explosive decompression could have incapacitated most occupants of the aircraft before the crash, though investigators never ruled out the possibility that some were still conscious when the aircraft impacted the ground. Some occupants might have suffered serious injuries that contributed to their deaths before the crash.[3]: 165  The aircraft fell rapidly and continued disintegrating before impacting the ground.[3]: 54–55, 152–153 

In-flight breakup

Investigators were able to determine how the aircraft disintegrated and crashed.[3]: 149–163  The aircraft began disintegrating immediately after being struck by a missile.[3]: 160  Investigators believed that the disintegration of the forward section of the fuselage started between the left-side cockpit windows and the forward, left-exit door.[3]: 151  The cockpit section and the business class section of the aircraft began tearing into a number of pieces before the aircraft descended rapidly toward the ground.[3]: 150–152  During that period of time, the left engine intake ring had also fallen off the engine and fell in the same place as where some of these pieces fell.[3]: 54, 60, 162 

As the aircraft was falling, the instability and aerodynamic loads of the aircraft stressed its fuselage, resulting in further disintegration.[3]: 160  Shortly before crashing into the ground, the rear section of the fuselage, just behind where the two wings were attached to the fuselage, was separated from the middle portion of the fuselage.[3]: 152  At the same time, the two wing tips had fallen off from the wings of the aircraft.[3]: 161  The tail section, which was just behind the aft exit doors, was also separated from the rear section.[3]: 153  The pair of horizontal stabilizers and the vertical stabilizer were also separated from the tail section prior to impacting the ground.[3]: 161  The middle portion, including the two wings and two engines, eventually crashed into farmland and its large quantity of jet fuel exploded upon impact.[3]: 54–55, 76 

The positions of the aircraft wreckage suggest that the plane might have been upside down when the rear and middle sections disintegrated, and the middle portion probably crashed inverted while travelling rearward.[3]: 161–162  Investigators could not specify the exact time when each major section of the plane hit the ground. However, they estimated that the middle portion of the aircraft had impacted the ground within 1-1.5 minutes after the beginning of the in-flight breakup.[3]: 162 

Debris field

The mid-air disintegration had caused the seats, pieces of interior wall and floor, overhead compartments, and other interior structures of the aircraft to fall out of the plane. Some bodies, personal belongings, and other light objects had also fallen out of the plane. As the result of the disintegration, the debris of the plane landed in six different areas.[3]: 53 

In the investigation report, the position where the plane was struck by a missile is identified as the “last FDR point” because it is where the flight data recorder stopped recording. A few parts of the business class and cockpit sections landed on farm land far north of the last FDR point. The business class section and the left engine intake ring landed in the large residential area of Petropavlivka, northeast of the last FDR point. The cockpit and the forward cargo section, including the nose landing gear, landed on farm land far southeast of the last FDR point and southwest of the village of Rozsypne. The tail and the rear fuselage sections landed farther east of the last FDR point, while the middle portion of the aircraft landed at 48°8′17″N 38°38′20″E, just northeast of them.[3]: 54–55 

Most of the debris of the aircraft, which were the middle and rear sections, landed near southwest of the village of Hrabove, north of Torez (now also known as Chystiakove). The wreckage had spread over a 50 square kilometres (19 sq mi) area in Donetsk Oblast, eastern Ukraine.[3]: 53  The fireball on impact is believed to have been captured on video.[74] Photographs from the site of the crash show scattered pieces of broken fuselage and engine parts, bodies, and passports.[75] Some of the wreckage fell close to houses.[76] Dozens of bodies fell into crop fields, and some fell into houses.[77]

Nearby aircraft

Three other commercial aircraft were in the same area when the Malaysian airliner was shot down: Air India Flight 113 (AI113), a Boeing 787 en route from Delhi to Birmingham, EVA Air Flight 88 (BR88), a Boeing 777 en route from Paris to Taipei, and the closest aircraft, Singapore Airlines Flight 351 (SQ351), was 33 kilometres (21 mi) away, a Boeing 777 en route from Copenhagen to Singapore.[3]: 41 

Recovery of bodies

 
First arrival of bodies at Eindhoven Airport

A Ukraine Foreign Ministry representative said that the bodies found at the crash site would be taken to Kharkiv for identification, 270 kilometres (170 mi) to the north. By the day after the crash, 181 of the 298 bodies had been found.[78] Some were observed being placed in body bags and loaded onto trucks.[79][80][81]

Dutch Prime Minister Mark Rutte initially complained about looting of personal belongings from the dead and the careless handling of their bodies, but later stated they had been handled with more care than originally thought.[82][83][84] Other media complained that credit and debit cards were being looted,[85] and there were accusations that evidence at the crash site had been destroyed.[86][87] The Guardian noted that tales of looting seemed to be exaggerated, but the chaos at the crash site risked the accidental destruction of evidence which, the paper contended, journalists were contributing to.[88]

On 20 July, Ukrainian emergency workers, observed by armed pro-Russian separatists, began loading the remains of the passengers of MH17 into refrigerated railway wagons for transport and identification.[89]

On 21 July, pro-Russian rebels allowed Dutch investigators to examine the bodies. By this time, 272 bodies had been recovered, according to Ukrainian officials.[90] Remains left Torez on a train on the evening of 21 July, en route to Kharkiv to be flown to the Netherlands for identification.[91] On the same day, Malaysian Prime Minister Najib Razak announced that the Malaysian government had reached a tentative agreement to retrieve the remains of the Malaysians who died in the crash, following any necessary forensic work.[92]

 
Convoy of 40 hearses heading to Hilversum, while other traffic stopped

It was reported on 21 July that with 282 bodies and 87 body fragments found, there were still 16 bodies missing.[93] An agreement had been reached that the Netherlands would co-ordinate the identification effort. A train carrying the bodies arrived at the Malyshev Factory, Kharkiv on 22 July.[94] Dutch authorities stated that they found 200 bodies on the train when it arrived at Kharkhiv, leaving almost 100 unaccounted for.[95] In late July, the UK Metropolitan Police sent specialist officers to Ukraine to assist with the recovery, identification and repatriation of bodies.[96]

The first remains were flown to Eindhoven in the Netherlands on 23 July,[97] moved there with Dutch air force C-130 and Australian C-17 transport aircraft,[98][99] which landed at Eindhoven Airport just before 16:00 local time.[100] The day after, another 74 bodies arrived.[101] The examination and identification of the bodies was conducted at the Netherlands Army medical regiment training facility in Hilversum and was coordinated by a Dutch forensic team.[102]

On 1 August it was announced that a search and recovery mission, including about 80 forensic police specialists from the Netherlands, Malaysia and Australia, and led by Colonel Cornelis Kuijs of the Royal Marechaussee, would use drones, sniffer dogs, divers and satellite mapping to search for missing body parts at the crash site.[103][104] Australian officials had believed that as many as 80 bodies were still at the site,[105] but after some days of searching the international team had "found remains of only a few victims" and concluded that "the recovery effort undertaken by local authorities immediately after the crash was more thorough than initially thought."[84]

On 6 August the Dutch Prime Minister Mark Rutte announced that the recovery operation would be temporarily halted due to an upsurge in fighting around the crash site threatening the safety of crash investigators and recovery specialists, and that all international investigators and humanitarian forces conducting searches would leave the country leaving behind a small communications and liaison team.[106]

On 22 August the bodies of 20 Malaysians (of 43 killed in the incident) arrived in Malaysia.[107] The government announced a National Mourning Day, with a ceremony broadcast live on radio and television.[108]

On 9 October a spokesman for the Dutch national prosecutor's office stated that one victim had been found with an oxygen mask around his neck; a forensic investigation of the mask for fingerprints, saliva and DNA did not produce any results and it is therefore not known how or when the mask got around the neck of the victim.[3]: 99 

By 5 December 2014, the Dutch-led forensic team had identified the bodies of 292 out of 298 victims of the crash.[109] In February and April 2015 new remains were found on the site,[110][111] after which only two victims, both Dutch citizens, had not been identified.[111]

Aftermath

About 90 minutes after the incident, Ukraine closed all routes in Eastern Ukrainian airspace, at all altitudes.[3]: 101  The incident dramatically heightened fears about airliner shoot-downs,[112] leading to some airlines announcing they would avoid overflying conflict zones.

Shortly after the crash, it was announced that Malaysia Airlines would retire flight number MH17 and change the Amsterdam–Kuala Lumpur route to flight number MH19 beginning on 25 July 2014, with the outbound flight unchanged.[113][114] In association with the retirement of the Boeing 777 aircraft type from Malaysia Airlines' fleet, Malaysia Airlines ended its service to Amsterdam on 25 January 2016, opting to codeshare with KLM on the KUL-AMS route for the services instead.[115] On 18 July 2014, shares in Malaysia Airlines dropped by nearly 16%.[116]

On 23 July 2014, two Ukrainian military jets were hit by missiles at the altitude of 17,000 feet (5,200 m) close to the area of the MH17 crash. According to the Ukrainian Security Council, preliminary information indicated that the missiles came from Russia.[117]

In July 2015, Malaysia proposed that the United Nations Security Council set up an international tribunal to prosecute those deemed responsible for the downing of the aircraft. The Malaysian resolution received the support of 11 of the 15 members in the council, with three abstentions. The resolution was vetoed by Russia.[118] The Russian government proposed an alternative draft resolution, which would not have set up a tribunal.[119][120][121][122][123]

Investigation

Two parallel investigations were led by the Dutch, one into the technical cause of the crash, and a separate criminal inquiry.[124] The technical report was released on 13 October 2015,[125] and the criminal investigation reported some of their findings in September 2016.[2][126] According to the Convention on International Civil Aviation, the country in which an aviation incident occurs is responsible for the investigation, but that country may delegate the investigation to another state; Ukraine has delegated the leadership of both investigations to the Netherlands.[127][128][129][130]

On-site investigation

In the hours following the crash, a meeting was convened of the Trilateral Contact Group. After they had held a video conference with representatives of insurgents affiliated with the Donetsk People's Republic (who controlled the area where the aircraft crashed), the rebels promised to "provide safe access and security guarantees" to "the national investigation commission" by co-operating with Ukrainian authorities and OSCE (Organization for Security and Co-operation in Europe) monitors.[131] During the first two days of investigation, the militants prevented the OSCE and the workers of Ukrainian Emergencies Ministry from freely working at the crash site. Andrei Purgin, a leader of the Donetsk People's Republic, declared later that "we will guarantee the safety of international experts on the scene as soon as Kiev concludes a ceasefire agreement".[132]

 
Dutch and Australian police at the crash site on 3 August 2014

By 18 July 2014, the flight data recorder and the cockpit voice recorder had been recovered by separatists,[133] and three days later were handed over to Malaysian officials in Donetsk.[3]: 44 [134] The voice recorder was damaged but there was no evidence that data had been tampered with.[3]: 45 

The National Bureau of Air Accidents Investigation of Ukraine, which led investigations, both off- and on-site, during the first days after the crash,[135] had by August 2014 delegated the investigation to the DSB because of the large number of Dutch passengers and the flight having originated in Amsterdam.[3]: 14 [136][137]

On 22 July 2014, a Malaysian team of 133 officials, search and recovery personnel, and forensics, technical and medical experts arrived in Ukraine.[90] Australia sent a 45-member panel headed by former Air Chief Marshal Angus Houston, who had earlier supervised the MH370 probe.[138] Approximately 200 special forces soldiers from Australia were also deployed to provide support for the JIT investigators.[139] The United Kingdom sent six investigators from the Air Accidents Investigation Branch (AAIB) and the UK Foreign Office sent extra consular staff to Ukraine.[96] It took until late July before the full international team could start working at the crash site,[140] under the leadership of the Dutch Ministry of Defence.[141]

On 30 July 2014, a Ukrainian representative said that pro-Russian rebels had mined approaches to the crash site and moved heavy artillery.[142]

On 6 August 2014, the experts left the crash site due to concerns about their safety.[143] In mid-September they unsuccessfully attempted to regain access to the site.[144][145] On 13 October 2014, a Dutch-Ukrainian team resumed recovery of victims' personal belongings.[146] In mid-November 2014, work was undertaken to remove part of the wreckage from the crash site. Earlier efforts by the recovery team to salvage the MH17 wreckage had been frustrated by disagreements with the local rebels.[147][148] The recovery operation took a week. The debris was transported to the Netherlands where investigators reconstructed parts of the aircraft.[149]

In August 2015, possible Buk missile launcher parts were found at the crash site by the Dutch-led joint investigation team (JIT).[150][151]

Cause of the crash

 
A mobile Buk surface-to-air missile launcher, similar to that used in the incident
External audio
  Pro-Russian rebels discuss the shooting down of an aircraft on YouTube Intercepted phone calls, verified with voice recognition by the U.S. National Security Agency,[152] between rebels discussing which rebel group shot down the aircraft and initial reports that it was a civilian aircraft. Audio (in Russian) released by the Security Service of Ukraine with English subtitles.[153][154]

Soon after the crash both American and Ukrainian officials said that a 9M38 series surface-to-air missile strike was the most likely cause.[155] If so, then the missile was fired from a mobile Soviet-designed Buk missile system (NATO reporting name: SA-11 "Gadfly"). At the time, Buk was the only surface-to-air missile system known to be deployed in the region that was capable of reaching the cruising altitude of commercial air traffic.[50][156][157][158][159][160] Such systems, unless they receive information from larger networks, have limited capacity to distinguish between military and civilian aircraft.[161][162][163]

According to defence analyst Reed Foster (from Jane's Information Group), the contour of the aluminium and the blistering of the paint around many of the holes on the aircraft fragments indicate that small, high-velocity fragments entered the aircraft externally, a damage pattern indicative of an SA-11.[164] Ballistics specialist Stephan Fruhling of the Australian National University's Strategic and Defence Studies Centre concurred with this, explaining that since it struck the cockpit rather than an engine it was probably a radar guided, rather than heat seeking, missile equipped with a proximity fuzed warhead such as an SA-11.[165]

Shortly after the crash, Igor Girkin, leader of the Donbas separatists, was reported to have posted on social media network VKontakte, taking credit for downing a Ukrainian An-26.[166][167][168] This news was repeated by channels in Russia, with LifeNews reporting "a new victory of Donetsk self-defence who shot down yet another Ukrainian airplane".[169] Russian news agency TASS also reported eyewitness accounts claiming that the Donbas militia had just shot down a Ukrainian An-26 military aircraft with a missile.[170] The separatists later denied involvement, saying they did not have the equipment or training to hit a target at that altitude.[171][172][173] Russian media also reported that Alexander Borodai called one of the Moscow media managers 40 minutes after the crash, saying that "likely we shot down a civilian airliner".[168]

Witnesses in Torez reported sightings on the day of the incident of what appeared to be a Buk missile launcher,[174] and AP journalists reported sightings of a Buk system in separatist controlled Snizhne.[60] The witness reports backed up photographs and videos which had been posted online, of the Buk launcher in rebel-held territory.[174]

On 19 July 2014, Vitaly Nayda, the chief of the Counter Intelligence Department of the Security Service of Ukraine (SBU), told a news conference, "We have compelling evidence that this terrorist act was committed with the help of the Russian Federation. We know clearly that the crew of this system were Russian citizens."[175][176][177] He cited what he said were recorded conversations in which separatists expressed satisfaction to Russian intelligence agents that they had brought down an aircraft.[178][179] One of the separatists acknowledged that the conversations had taken place, but denied that they were related to the crash of MH17 and blamed the Ukrainian government for shooting it down.[73][180][181] According to Nayda, a Buk launcher used in the shoot-down was moved back into Russia the night after the attack.[60] The SBU released another recording, which they said was of pro-Russian-separatist leader Igor Bezler being told of an approaching aircraft two minutes before MH17 was shot down. Bezler said the recording was real, but referred to a different incident.[182] The head of the SBU, Valentyn Nalyvaichenko, later claimed that rebels had intended to shoot down a Russian airliner in a false flag operation to give Russia a pretext to invade Ukraine, but shot down MH17 by mistake.[183][184][185]

Journalists from the Associated Press in Snizhne, Ukraine reported seeing a Buk M-1 enter the town operated by a man "with unfamiliar fatigues and a distinctive Russian accent" escorted by two civilian vehicles, which then moved off in the direction where the shoot-down later occurred. According to Ukrainian counterterrorism chief, Vitaly Nayda, after downing the airliner under separatist direction, the launcher's Russian crew quickly moved it back across the border into Russia.[60]

American officials said that satellite data from infrared sensors detected the explosion of Flight MH17.[186] American intelligence agencies said that analysis of the launch plume and trajectory suggested the missile was fired from an area near Torez and Snizhne.[50][157] The Daily Telegraph said: "The Telegraph's own inquiries suggest the missile, an SA-11 from a Buk mobile rocket launcher, was possibly fired from a cornfield about 19 kilometres (12 mi) to the south of the epicentre of the crash site."[158] Other sources suggest the missile was launched from the separatist-controlled town of Chernukhino.[187] Several other media outlets including The Guardian, The Washington Post and the Sydney Morning Herald, reported that the aircraft was believed to have been downed by a rebel-fired missile.[105][188][189]

On 28 July 2014, Ukrainian security official Andriy Lysenko announced, at a press conference, that black box recorder analysis had revealed that the aircraft had been brought down by shrapnel that caused "massive explosive decompression." Dutch officials were reported to be "stunned" by what they saw as a "premature announcement" and said that they had not provided this information.[190]

On 8 September 2014, the BBC released new material by John Sweeney who cited three civilian witnesses from Donbas who saw the Buk launcher in the rebel-controlled territory on the day when MH17 crashed. Two witnesses said the crew of the launcher and a military vehicle escorting it spoke with Moscow accents.[191] On the same day Ignat Ostanin, a Russian journalist, published an analysis of photos and films of Buk units moving in Russia and Ukraine in the days before and after the MH17 crash. According to Ostanin, the markings on the specific launcher suspected of being used to shoot MH17, together with the number plates of the large goods vehicle that carried the launcher, suggested that it belonged to the 53rd Anti-Aircraft Missile Brigade of the Air Defence Forces of the Russian Ground Forces.[192][193]

On 8 October 2014, the president of the German Federal Intelligence Service (BND) gave a presentation about MH17 to a German parliamentary committee overseeing intelligence activities. According to Der Spiegel, the report contained a detailed analysis which concluded that pro-Russian separatists had used a captured Ukrainian Buk system to shoot down Flight MH17. The report also noted that "Russian claims the missile had been fired by Ukrainian soldiers and that a Ukrainian fighter jet had been flying close to the passenger jet were false".[194][195] The Attorney General of Germany opened an investigation against unknown persons due to a suspected war crime.[196]

Between November 2014 and May 2016, UK-based investigative collective Bellingcat made a series of claims, based on their examination of photos in social media and other open-source information. Bellingcat said that the launcher used to shoot down the aircraft was a Buk of the Russian 53rd Anti-Aircraft Missile Brigade based in Kursk, which had been transported from Donetsk to Snizhne and was controlled by separatists in Ukraine on the day of the attack,[197][198][199][200] and that the Buk launcher had a serial number 332.[201]

On 22 December 2014, the Dutch news service RTL Nieuws published a statement from an unnamed local resident who said he had witnessed the shooting down of MH17, which he said was shot down by a missile from rebel territory. He had taken photographs which he had passed to the SBU.[202][203]

In January 2015, a report produced by the German investigative team CORRECT!V concluded a Buk surface-to-air missile launcher operated by the 53rd Anti-Aircraft Missile Brigade shot down MH17.[204] Other circumstantial evidence was presented separately by various parties that supported this version, identifying specific launcher vehicle, operator name, truck transporting it and its alleged route through Russia and Ukraine.[205]

In March 2015, Reuters published statements from named witnesses from Chervonyi Zhovten (Ukrainian: Червоний Жовтень), close to Torez and Snizhne, who said they saw the Buk rocket passing over the village when it was fired from a field around 1.5 km away. It also published a statement from a witness who was said to be a separatist fighter (referred to by first name only) who confirmed that the launcher was placed in that area on the day of the Boeing crash to prevent Ukrainian airstrikes.[206]

In July 2015, News Corp Australia published the transcript of a 17-minute video recorded at the scene shortly after the crash. The transcript and published segments of the video indicated that Russian-backed rebels arrived at the crash site expecting to find the wreckage of a military aircraft and crew who had parachuted from the aircraft.[207]

In May 2016, Stratfor released satellite imagery taken five hours before the crash which showed a Russian Buk system travelling on a flatbed truck east through Makiivka, 40 km away from Snizhne. Stratfor's concluded that a Buk system had moved from the Russian border toward Donetsk on 15 July 2014, and then moved back to the east on the afternoon of 17 July 2014, hours before Flight MH17 was shot down.[208]

Dutch Safety Board reports

Preliminary report

On 9 September 2014, the preliminary report was released by the Dutch Safety Board (DSB).[5][209]: 16  This preliminary report concluded that there was no evidence of any technical or operational failure in the aircraft or from the crew prior to the ending of the CVR and FDR recordings at 13.20:03 hrs (UTC). The report also said that "damage observed on the forward fuselage and cockpit section of the aircraft appears to indicate that there were impacts from a large number of high-energy objects from outside the aircraft". According to the investigators, this damage probably led to a loss of structural integrity that caused an in-flight break-up first of the forward parts of the aircraft and then of the remainder with an expansive geographic spread of the aircraft's pieces.

Tjibbe Joustra, Chairman of the Dutch Safety Board, explained that the investigation thus far pointed "towards an external cause of the MH17 crash", but determining the exact cause required further investigation. They also said that they aimed to publish the final report within a year of the crash date.[210]

Final report

Narrated reconstruction of the missile impact, produced by the Dutch Safety Board

The Dutch Safety Board (DSB) issued its final report on the crash on 13 October 2015. The report concluded that the crash was caused by a Buk 9M38-series surface-to-air missile with a 9N314M warhead. The warhead detonated outside and above the left-hand side of the cockpit. Fragments from the exploding warhead killed the three people in the cockpit and caused structural damage to the airliner leading to an in-flight break-up resulting in a wreckage area of 50 square kilometres (19 sq mi) and loss of the lives of all 298 occupants.[3] Based on evidence they were able to exclude meteor strikes, the aircraft having technical defects, a bomb, and an air-to-air attack as causes of the crash. Calculating the trajectory of the missile, the Dutch National Aerospace Laboratory determined that it was fired within a 320-square-kilometre (120 sq mi) area southeast of Torez. Narrowing down a specific launch site was outside the DSB's mandate.[3]: 147  The findings did not specify who launched the Buk missile, but the area identified by the DSB was controlled by pro-Russian separatists at the time of the downing, according to the final report.[211]

In addition to the technical investigation, the selection of the flight route was also investigated by the DSB.[212] Some airlines had avoided eastern Ukrainian airspace prior to the MH17 shootdown, while many others, including 62 operators from 32 countries, had continued to fly routes over the region.[3]: 224 [213] The DSB judged that the Ukrainian authorities should have closed the airspace above eastern Ukraine prior to the incident due to the ongoing conflict and earlier military shootdowns,[3]: 10 [214] but noted that states involved in armed conflicts rarely did so.[3]: 11  It recommended that such states should exercise more caution when evaluating their airspace, and that operators should more thoroughly assess the risks when selecting routes over areas of conflict.[215][214]

Criminal investigation

The criminal investigation into the downing of MH17 is being led by the Public Prosecution Service of the Dutch Ministry of Justice, and is the largest in Dutch history, involving dozens of prosecutors and 200 investigators.[216] Investigators interviewed witnesses and examined forensic samples, satellite data, intercepted communications, and information on the Web.[217] Participating in the investigation along with the Netherlands, are the four other members of the joint investigation team (JIT),[218] Belgium, Ukraine, Australia, and lastly, Malaysia,[219] which joined in November 2014.[218] Early in the investigation, the JIT eliminated accident, internal terrorist attack or air-to-air attack from another aircraft as the cause of the crash.[1]

In December 2014, in a letter to the Security Council, the Netherlands' United Nations representative wrote that "the Dutch government is deliberately refraining from any speculation or accusations regarding legal responsibility for the downing of MH17".[220] Also in December, the assistant secretary of the United States Department of State's European and Eurasian Affairs stated that the United States had given all of the information they held, including classified information, to the Dutch investigators and to the International Civil Aviation Organization (ICAO).[221]

On 30 March 2015, the JIT released a Russian-language video calling for witnesses in the Donetsk and Luhansk regions who might have seen a Buk missile system.[222] The video included some previously undisclosed recordings allegedly of tapped phone conversations between rebel fighters about the Buk. In one recording, of a conversation a few hours after the aircraft was shot down, a fighter says that a member of the Buk's accompanying crew had been left behind at a checkpoint. In another recording, dated the day after the shooting down, a rebel allegedly says the Buk system and its crew had been brought from Russia by "the Librarian". The video presented a "scenario" in which a Buk missile was transported on a Volvo low loader truck from Sievernyi (Сєверний), a town located within a kilometre of the Russian border (near Krasnodon), to Donetsk during the night of 16/17 July.[223]

In the week following the public appeal, the JIT received more than 300 responses resulting in dozens of "serious witnesses".[224][225] In 2016 the presence of the transloader of matching colour with a Buk missile was confirmed on a satellite photo of the area taken just a few hours before the downing of the airliner, which was described as "correlating with other evidence" by Stratfor who found the photo in DigitalGlobe archive.[208][226]

On 9 April 2015 Dutch authorities made available 569 documents concerning the shootdown. Personal information and official interviews had been redacted. A further 147 documents were not made public.[227]

Findings of the joint investigation team

On 28 September 2016, the JIT gave a press conference in which it concluded that the aircraft was shot down with a 9M38 Buk missile fired from a rebel-controlled field near Pervomaisky (Первомайський), a town 6 km (3.7 mi) south of Snizhne.[126] It also found the Buk missile system used had been transported from Russia into Ukraine on the day of the crash, and then back into Russia after the crash, with one missile less than it arrived with.[1][2] The JIT said they had identified 100 people, witnesses as well as suspects, who were involved in the movement of the Buk launcher, though they had not yet identified a clear chain of command to assess culpability, which was a matter for ongoing investigation. The Dutch chief prosecutor said "the evidence must stand before a court" which would render final judgement.[1] During the investigation, the JIT recorded and assessed five billion internet pages, interviewed 200 witnesses, collected half a million photos and videos, and analysed 150,000 intercepted phone calls.[126][228] According to JIT head prosecutor Fred Westerbeke the criminal investigation is based on "immense body of evidence," including testimonies of live witnesses who saw the Buk launcher, primary radar data, original photos and videos.[229]

 
A Buk SAM of the type used by the 53rd Anti-Aircraft Missile Brigade

On 24 May 2018, after extensive comparative research, the JIT concluded that the Buk that shot down the flight came from the Russian 53rd Anti-Aircraft Missile Brigade in Kursk.[230] The head of the National Investigation Service of the Dutch police asked the eyewitnesses and insiders to share information about the identities of the Buk crew members, the instruction the crew members followed and persons responsible for the operational deployment of the involved Buk on 17 July 2014.[230] According to Dutch Public Prosecution Service, by 24 May 2018 "the authorities of the Russian Federation have ... not reported to the JIT that a Buk of the 53rd Brigade was deployed in Eastern Ukraine and that this Buk downed flight MH17."[230] In response, Russian President Vladimir Putin stated that Russia would analyse the JIT conclusion, but would acknowledge it only if it became party to the investigation.[231][232] The Russian Ministry of Defence in turn stated that no Russian Buk crossed the border with Ukraine.[232]

On 25 May 2018 the governments of the Netherlands and Australia issued a joint statement in which they laid responsibility on Russia "for its part" in the crash.[14] The Netherlands and Australian foreign ministers stated that they would hold Russia legally responsible for shooting the airliner down. Netherlands Foreign Minister Stef Blok stated that "the government is now taking the next step by formally holding Russia accountable," and, "The Netherlands and Australia today asked Russia to enter into talks aimed at finding a solution that would do justice to the tremendous suffering and damage caused by the downing of MH17. A possible next step is to present the case to an international court or organization for their judgment."[233]

Several other countries and international organisations expressed their support for the JIT's conclusions and the joint statement by the Netherlands and Australia.[234][235] UK Foreign Secretary Boris Johnson said the United Kingdom "fully supports Australia and the Netherlands," calling on Russia to cooperate.[236] High Representative Federica Mogherini of the EU stated that the European Union "calls on the Russian Federation to accept its responsibility" and to cooperate as well.[237] The German government called on Russia to "fully explain the tragedy."[238] The US Department of State issued a statement saying that the United States "strongly support the decisions by the Netherlands and Australia," requesting Russia to acknowledge its involvement and to "cease its callous disinformation campaign."[239] NATO Secretary General Jens Stoltenberg called on Russia to "accept responsibility and fully cooperate ... in line with United Nations Security Council Resolution 2166."[240]

In response to the JIT's conclusions, Russian President Vladimir Putin reiterated that the Russians are "not involved in it."[241] Following release of the JIT report, Malaysian Prime Minister Mahathir said the JIT was making Russia a "scapegoat" and that he did not believe the Russians whom the JIT had charged were involved. Conversely the Malaysian prosecutor supported the investigation by saying the findings "are based on extensive investigations and also legal research".[242]

Proposed international tribunal

In June 2015, the Netherlands, supported by the other JIT members, sought to create an international tribunal to prosecute those suspected of downing the Malaysian airliner, which would take up the case after the closing of the criminal investigation. The Dutch hoped that an international tribunal would induce Russian cooperation, which was considered critical.[243] In late June 2015, the Russian government rejected a request by the five countries on the investigative committee to form a UN tribunal which would try those responsible for the shooting down of the aircraft, calling it "not timely and counterproductive."[244] On 8 July 2015, Malaysia, a member of the UN Security Council, distributed a draft resolution to establish such a tribunal. This resolution was jointly proposed by the five JIT member countries. Russian UN Ambassador Vitaly Churkin responded, "I don't see any future for this resolution. Unfortunately, it seems that this is an attempt to organize a grandiose, political show, which only damages efforts to find the guilty parties."[118] Russia later circulated a rival resolution which criticised the international investigation's lack of "due transparency" and demanded those responsible be brought to justice, but which did not call for a tribunal.[245] In a vote, Malaysia's resolution gained majority support of the UNSC, but was vetoed by Russia.[122]

Criminal prosecution

In a statement made on 5 July 2017 by the Dutch Minister of Foreign Affairs Bert Koenders, it was announced that the JIT countries would prosecute any suspects identified in the downing of flight MH17 in the Netherlands and under Dutch law.[246] A treaty between the Netherlands and Ukraine made it possible for the Netherlands to prosecute in the cases of all 298 victims, regardless of their nationality. This treaty was signed on 7 July 2017,[247] and went into force on 28 August 2018.[248] On 21 March 2018, the Dutch government sent legislation to the parliament, allowing the suspects involved to be prosecuted in the Netherlands under Dutch law.[249][250]

On 19 June 2019, the Dutch Public Prosecution Service charged four people with murder in connection with the shooting down of the aircraft: three Russians, Igor Girkin, Sergey Dubinsky, and Oleg Pulatov, and one Ukrainian, Leonid Kharchenko. International arrest warrants were issued in respect of each of the accused.[251] One of the suspects, Lieutenant Colonel Oleg Pulatov, expressed his intention to join the legal process by being represented in court. Hearings in the trial began at the District Court of The Hague on 9 March 2020, with none of the accused in attendance.[252][253][254] Igor Girkin gave an interview to journalist Graham Phillips saying he would not attend the trial because he did not recognise the court's jurisdiction over Russian citizens. He said that he was not involved in the shoot-down, and that he considered the government of Ukraine to be responsible for the loss of life, because "only a moron or a criminal would send an airliner into a zone of active hostilities".[255]

In July 2019 SBU arrested Vladimir Tsemakh, head of air defence in DPR-controlled Snizhne during the attack on MH17. Bellingcat described him as an important eye-witness to the events surrounding the downing of flight MH17. Bellingcat analysed his possible role and said that a video showed Tsemakh making "what appears to be a damning admission to his personal involvement in hiding the Buk missile launcher in the aftermath of its use on 17 July 2014".[256] In August 2019 Russia reportedly added Tsemakh to its list in a previously agreed exchange of prisoners of war with Ukraine. In an article, The Insider website commented on Russia's motives in requesting the exchange of a Ukrainian citizen.[257] On 4 September 2019, an appeals court in Kyiv ruled to release Tsemakh.[258] On 7 September 2019, Tsemakh was released during a Ukraine-Russia prisoner exchange.[259] According to the Dutch Foreign Minister Stef Blok, the exchange had been delayed for a week so that Tsemakh could be questioned by the Dutch Public Prosecution Service as a witness about the events surrounding the downing of flight MH17.[259] The Dutch Prime Minister Mark Rutte, the Minister of Justice and Security Ferd Grapperhaus, the JIT, and Blok added that the Netherlands regretted Tsemakh, who is a 'person of interest', being included in the exchange due to pressure on Ukraine from Russia.[258][259][260][261][262] Piet Ploeg, Chairman of the victims' relatives organisation "Stichting Vliegramp MH17", called Tsemakh's release "unacceptable".[261] The Dutch Public Prosecution Service (OM) requested that Tsemakh, who is not a Russian citizen, be extradited from Russia to the Netherlands.[261] On 14 November 2019 the JIT published a new witnesses appeal and simultaneously released a number of recorded conversations of rebel leaders. JIT was particularly interested in "the command structure and the role that Russian government officials may have played."[263][264]

A number of witness statements, especially from the DPR armed forces, were presented anonymously due to fear of reprisal from Russia.[265] Although the Russian secret service attempted to hack into the Malaysian Attorney-General's office, investigation files of the Australian Federal Police and offices at The Hague, prosecutors say the identities of the witnesses still remained secure.[266] The Dutch court, on considering defendant Oleg Pulatov's appeal against anonymous testimony, allowed twelve anonymous witness statements in the trial but barred the anonymous testimony of one witness.[267]

On 7 June 2021, the trial moved on to the evidence phase, during which lawyers and judges will discuss their findings. Witnesses were called in to supply additional information.[268][269] On 21 December 2021, the Prosecution recommended life sentences for four suspects accused of downing the plane.[270]

The trial reconvened on 7 March 2022, with the defence presenting oral arguments.[271] On 17 November 2022, the court handed down life sentences to three defendants, Igor Girkin, Sergey Dubinskiy and Leonid Kharchenko for the murder of 298 passengers and crew. A fourth defendant, Oleg Pulatov, was acquitted on grounds of insufficient involvement in the incident.[272][273] The presiding judge, Hendrik Steenhuis, said the court had concluded that MH17 was shot down by a Russian-made BUK missile launched from an agricultural field in eastern Ukraine, citing extensive evidence that did not leave "any possibility for reasonable doubt whatsoever" and that Russia had overall control of the separatist forces in eastern Ukraine when the plane was shot down.[4]

European Court of Human Rights

On 10 July 2020, the Dutch government announced that it intended to take Russia to the European Court of Human Rights for "its role in the downing" of Flight MH17. By doing so, it said, it was "offering maximum support" to the individual cases already brought to the Court by the victims' families.[274][275]

Convention on aviation legal action

On 14 March 2022, Australia and the Netherlands announced that they had launched a joint legal action against Russia under Article 84 of the Convention on International Civil Aviation.[276]

British ISC report

On 20 December 2017, the Intelligence and Security Committee of the UK Parliament published its annual report. It contains a section titled "Russian objectives and activity against UK and allied interests" which quotes MI6 as stating: "Russia conducts information warfare on a massive scale... An early example of this was a hugely intensive, multichannel propaganda effort to persuade the world that Russia bore no responsibility for the shooting down of [Malaysian Airlines flight] MH-17 (an outright falsehood: we know beyond any reasonable doubt that the Russian military supplied and subsequently recovered the missile launcher)".[277][278]

Identification of command figures

In December 2017, the Russian investigative portal The Insider, the news agency McClatchyDC, and Bellingcat performed a joint investigation that confirmed the identity of a high-ranking military officer using a call-sign "Dolphin" to be Colonel General Nikolai Fedorovich Tkachev. Tkachev is heard supervising the operation of Buk delivery and set-up in wiretaps acquired by JIT.[279][280] In April 2020 the same three teams identified another high-ranking figure in the chain of command referred to by many DPR and LPR operatives as "Vladimir Ivanovich" to be FSB Colonel General Andrey Ivanovich Burlaka, first deputy chief of the Russian border service.[281][282]

Civil cases

In July 2015 a writ was filed in an American court by families of 18 victims accusing the separatist leader Igor Girkin of "orchestrating the shootdown" and the Russian government of being complicit in the act. The writ was brought under the Torture Victim Protection Act of 1991.[283] In May 2016 families of 33 victims of the crash filed a claim against Russia and president Vladimir Putin in the European Court of Human Rights, arguing Russian actions violated the passengers' right to life.[284][285] A group of 270 relatives of Dutch victims joined the claim in May 2018 after the JIT concluded that Russia was involved.[286] The Dutch government supported this claim by taking Russia to the European Court of Human Rights in July 2020.[274][275] In July 2016, Malaysia Airlines was sued in Malaysia by 15 passengers' families in two separate writs, each brought under the Montreal Convention, arguing that the airline should not have chosen that route.[287] A month earlier, a separate lawsuit was brought by the families of six crew members who alleged negligence and breach of contract by the airline.[288]

Reactions

Countries

Ukrainian President Petro Poroshenko called the crash the result of an act of terrorism, and also called for an international investigation into the crash.[289]

Malaysian Deputy Foreign Minister Hamzah Zainuddin said that the foreign ministry would be working with the Russian and Ukrainian governments with regard to the incident.[290] Prime Minister Najib Razak said that Malaysia was unable yet to verify the cause of the crash but that, if the airliner was shot down, the perpetrators should be swiftly punished.[291] The Malaysian government flew the national flag at half-mast from 18 July until 21 July.[292]

 
Flag at half mast in front of Hoorn city hall during the national day of mourning on 23 July

Dutch Prime Minister Mark Rutte and King Willem-Alexander voiced their shock at the crash,[293][294] and Minister of Foreign Affairs Frans Timmermans joined the Dutch investigation team sent to Ukraine.[295] Dutch government buildings flew the flag at half-mast on 18 July.[296] Music was cancelled and festivities were toned down on the last day of the Nijmegen Marches.[297] On 21 July the Netherlands opened a war crimes investigation on the downing of the aircraft and a Netherlands public prosecutor went to Ukraine as part of this investigation. Rutte threatened tough action against Russia if it did not help in the investigation.[298] On the same day, Timmermans spoke at the UN Security Council Meeting, after the council had unanimously condemned the shooting down of MH17.[299] An increase in negative emotions and somatic complaints was observed in the Dutch population during the first four days after the MH17 crash.[300]

Australian Prime Minister Tony Abbott said in an address to parliament that the aircraft was downed by a missile which seemed to have been launched by Russian-backed rebels.[301] Julie Bishop, the Australian Minister for Foreign Affairs, said in an interview on Australian television that it was "extraordinary" that her Russian counterparts had refused to discuss the downing of MH17 when the Russian ambassador was summoned to meet her.[301] The Russian government was critical of Abbott's response; Abbott was one of the first world leaders to publicly connect the shoot-down to Russia.[302] Abbott later criticised the recovery efforts as "shambolic", and "more like a garden clean-up than a forensic investigation"; Bishop publicly warned separatist forces against treating the victims' bodies as hostages.[303] Abbott also said in an interview on 13 October 2014, in anticipation of Russia's President Vladimir Putin's attendance at the 2014 G20 summit, scheduled for mid-November 2014 in Brisbane, Australia: "Australians were murdered. They were murdered by Russian-backed rebels using Russian-supplied equipment. We are very unhappy about this."[304]

Russian President Putin said that Ukraine bore responsibility for the incident which happened in its territory, which he said would not have happened if hostilities had not resumed in the south-east of Ukraine.[6][305][306] At the end of July, State Duma deputy Ilya Ponomarev said in an interview for Die Welt that the separatists had shot down the airliner by mistake and that Putin now realised he had supplied the weapon to the "wrong people".[307] The Danish Institute for International Studies has pointed out to the similarities of Russian reaction to the downing of Korean Airlines flight KAL-007 in 1983 where the USSR initially denied any involvement.[308]

United States President Barack Obama said the United States would help determine the cause.[6] In a press statement, White House spokesman Josh Earnest called for an immediate ceasefire in Ukraine to allow for a full investigation.[309] Vice-president Joe Biden said the aircraft appeared to have been deliberately shot down, and offered American assistance for the investigation into the crash.[306] American Ambassador to the United Nations Samantha Power called on Russia to end the war.[310] The British government requested an emergency meeting of the United Nations Security Council and called an emergency Cobra meeting after the incident.[311][312] Chairman of the US Joint Chiefs of Staff Martin E. Dempsey said that instead of backing away from supporting the rebels following the shooting down, Putin had "taken a decision to escalate."[313]

Organisations

 
A makeshift memorial at Schiphol Airport for the victims of Flight MH17
 
Memorial for the victims of Flight MH17 located in Vijfhuizen, the Netherlands

On 17 July the European Union's representatives José Manuel Barroso and Herman Van Rompuy released a joint statement calling for an immediate and thorough investigation.[314] The EU officials also said that Ukraine has first claim on the aircraft's black boxes.[315]

The International Civil Aviation Organization announced, on 18 July, that it was sending its team of experts to assist the National Bureau of Air Accidents Investigation of Ukraine (NBAAI), under Article 26 of the Convention on International Civil Aviation.[316] The United Nations Security Council adopted Resolution 2166 on 21 July, regarding an official crime investigation into the incident. On 24 July 2014 the ICAO issued a State Letter reminding signatory states of their responsibilities with respect to the safety and security of civil aircraft operating in airspace affected by conflict.[317]

Memorials

After the crash, memorial services were held in Australia[318] and in the Netherlands, which declared 23 July, the day when the first victims arrived in the country, a national day of mourning, the first since 1962.[319][320] The opening ceremony of the AIDS 2014 conference, on 20 July, of which several delegates had been on board Flight MH17, began with a tribute to the victims of the crash.[321] In Malaysia, makeshift memorials were created in the capital city of Kuala Lumpur.[322]

Amongst the victims of flight MH17 were supporters of Newcastle United Football Club John Alder (63) and Liam Sweeney (28) who were travelling to watch the club play a match in New Zealand.[323] Newcastle United FC paid tribute to John and Liam with the clubs manager, Alan Pardew saying; "Sometimes when you lose lives in that manner, it puts into context what we do. This season we want to give their families something to remember them by, by having a successful season."[324] In 2014 Newcastle United installed the ‘Alder Sweeney Memorial Garden’ outside their St James’ Park stadium in memory of John, Liam and all those who died on board Flight MH17.[325]

On 17 July 2017, exactly three years after the crash, a memorial in memory of the victims was unveiled in Vijfhuizen, the Netherlands. The opening of the memorial, which is located just outside Schiphol Airport, was attended by more than 2000 relatives of victims, King Willem-Alexander and his wife Queen Máxima, Dutch Prime Minister Mark Rutte, Minister of Security and Justice Stef Blok and the speakers of the Dutch Senate and House of Representatives. The memorial includes 298 trees, one tree for each victim.[326]

On 17 July 2015, a year after the crash, sunflowers seeds taken from a field near the crash site were grown in tribute to the 15 residents of Hilversum, including three families, who were killed.[327] Amid the ongoing war, Fairfax chief correspondent Paul McGeough and photographer Kate Geraghty collected a keepsake of sunflower seeds from the wreck site for family and friends of the 38 Australian victims, which happened to be viable and had therefore germinated.[328]

Russian media coverage

Coverage by the Russian media has differed from coverage in most other countries[19] and has changed significantly over time.[18][20] According to Bellingcat, these changes have usually been in response to new evidence published by DSB and the investigation team.[18] According to a poll conducted by the Levada Center between 18 and 24 July 2014, 80% of Russians surveyed believed that the crash of MH17 was caused by the Ukrainian military. Only 3% of respondents blamed the disaster on the pro-Russian separatists in eastern Ukraine.[329][330][331] Researchers said views were influenced by the televisual infosphere.[332] In the three days following the incident, the Russian Internet Research Agency "troll farm" posted 111,486 tweets from fake accounts.[333] Mostly posted in Russian, the tweets initially said the rebels had shot down a Ukrainian airplane, but quickly switched to accusing Ukraine of carrying out the attack.[334] This is both the largest number of tweets in any 24 hour period, and for any topic in the history of the Internet Research Agency (IRA).[335]

Conversely, the liberal Russian opposition newspaper Novaya Gazeta shortly after the crash published a headline in Dutch that read "Vergeef ons, Nederland" ("Forgive Us, Netherlands").[281][336][337]

In July 2014, Sara Firth, who had worked as a correspondent with RT for the previous five years, resigned in protest at the channel's coverage of the crash, which she described as "lies".[338][339]

Initial reactions

On the evening of the crash, the LifeNews portal reported that at around 16:00 local time the separatists shot down "Ukrainian Air Force An-26 transport plane" with a missile, calling it "a new victory for the Donetsk militia".[169][340][341] The news was immediately picked up and disseminated by many other news websites and the Russia-24 TV channel.[169] Around the same time Leonid Kharchenko, who was responsible for the Buk launcher convoy through DPR, reported to his commander Sergei Dubinsky that the launcher is "on the spot and has already downed one" Ukrainian ground-attack airplane.[265]

Shortly after it became evident that it was a civilian aircraft which had been shot down, the separatist media denied any responsibility and denied having anti-aircraft missiles capable of reaching the cruising altitude of commercial traffic.[342][343][344]

Claims of shoot-down by the Ukrainian Air Force

For the first year following the crash, Russian state media claimed that a Ukrainian Air Force Su-25 jet had shot down Flight 17.[18] Radar data, allegedly from Russian air traffic controllers, which was leaked to a Moscow newspaper, was claimed to be proof that there were Ukrainian military jets near MH17.[345] A Ukrainian Air Force deserter later claimed that he had overheard pilots discuss flying close to MH17 when it crashed.[346] On 15 November 2014, Russia's Channel One reported on a supposedly leaked spy satellite photo which showed the airliner being shot from behind by a Ukrainian Su-25 fighter jet.[347] Many other Russian media reprinted the photo but its authenticity was immediately dismissed as the aircraft were out of scale which indicated poor copy-and-paste.[348] Later it was disclosed, that the photo had been initially emailed to the vice-president of the Russian Union of Engineers by a self-described aviation expert who had found it on a Russian online forum.[349] The aviation expert later apologised, saying that he was unhappy with how the information had been used.[349] In a later interview by magazine The New Yorker, Channel One CEO Konstantin Ernst admitted that reporting on the satellite photo was a "simple error", saying that it was a human mistake not made on purpose.[350]

On 25 December 2014, Russia's state-operated domestic news agency RIA Novosti quoted the leader of the self-proclaimed Donetsk People's Republic, Alexander Zakharchenko, saying he saw MH17 shot out of the sky by two Ukrainian jets.[351][352]

The claim that the Su-25 downed the Boeing was part of a strategic narrative that "Ukraine is responsible" and it used altered data as its key deception mechanism.[353] As soon as evidence that a surface-to-air missile and not an air-to-air missile was used to down the Boeing, the Su-25 narrative was changed to one in which MH17 was shot down by a Buk launcher operated by the Ukrainian military.[18][354]

Debunking

The Sukhoi Su-25 is a ground attack aircraft and it is not designed to destroy airplanes.[355][356] The claim that the Su-25 could have downed the Boeing 777 with an air-to-air missile was studied and dismissed by the Joint-investigation team (JIT), Public Prosecution Service and numerous independent experts, including chief designer of the Su-25, Vladimir Babak [ru; arz].[357][358][359][360]

Public prosecutors concluded that the claim was false.[361][362] The only air-to-air missiles able to shoot down MH17 were either R-33 or R-37, or R-40 missiles and a Su-25 could not carry any of these missiles.[363] Vladimir Babak also said that the Su-25 is slower than a Boeing 777,[364] and the Su-25's maximum altitude was 7 kilometres (4.3 mi), while MH17 was flying at an altitude of 10 kilometres (6.2 mi).[365] Siemon T. Wezeman, a senior researcher from Stockholm International Peace Research Institute (SIPRI), and the Popular Science digital magazine also said that it would be technically impossible for a Su-25 to down such a plane.[355][357] Aviation engineer Mark Solonin said that the Su-25 does not have an onboard radar and its missiles could not inflict damage similar to that found on Flight 17.[366][367] Military and security analyst Lukáš Visingr also said that the Su-25 could not shoot down a Boeing 777.[356][368]

A subsequent presentation of radar data in 2016 by the Russian military no longer showed military aircraft present in the area.[18]

In March 2022, during the 2022 Russian invasion of Ukraine, the Russian Embassy in France again falsely blamed the Ukrainian military for the shootdown.[369]

Claims of shoot-down by a Ukrainian Buk

In May 2015, Novaya Gazeta published a report credited to a group of Russian military engineers. Based on their analysis of debris and damage patterns on the hull of the aircraft, they concluded that the airliner was shot down by a Buk-M1 launcher with a 9M38M1 missile. They claimed that the missile could not have been fired from Snizhne, but was instead fired from Zaroshchenske and that a Ukrainian anti-air unit was located there at that time.[370][371] In June 2015, the report was the subject of a press conference and was attributed to Mikhail Malisevskiy, chief engineer at Moscow-headquartered Almaz-Antey, the Buk missile manufacturer.[372] The Security Service of Ukraine said that there were inaccuracies in this version, and called part of the report a fake.[373] Ukrainska Pravda questioned claims about the Ukrainian anti-aircraft unit and stated that Zaroshchenske was under control of pro-Russian forces on the day of the shoot-down.[374] Novaya Gazeta published an analysis, also denying the Almaz-Antey version,[375] which contained interviews with inhabitants of Zaroshchenske who denied claims that Ukrainian forces and Buk launchers were present in the village at that time.[376][377] According to Bellingcat, Russia's satellite images were from June and showed signs of editing.[378][379] Bild described the Russian satellite image as "fake".[380]

On 17 September 2018, Russia's Ministry of Defence held a press conference at which Lt. Gen. Nikolai Parshin, chief of the Missile and Artillery Directorate, said that after Dutch investigators displayed parts of the missile and their serial numbers, they had studied and declassified archives at the research centre that produced the Buk missiles. Parshin said the Russian archives showed that the missile that was made from these parts was transported to a military unit in western Ukraine in 1986, and to Russia's knowledge never left Ukraine. Officials also claimed that video evidence presented by the Joint Investigation Team (JIT), in which the missile that allegedly shot down the airliner was shown being moved from Russia into Ukraine, was fabricated.[381][382]

JIT responded that it had requested details about recovered missile parts from Russia in May 2018, but had received no answer. It said, information from the Russian Ministry of Defence would be carefully studied as soon as the documents were made available, as requested in May 2018 and required by UNSC in 2016. JIT stated it had always carefully analysed information provided by Russia, but information presented to the public was inaccurate on several points. Russia had given differing accounts over time of how MH17 was shot down; for example claiming to have evidence (radar images) that a Ukrainian fighter fired an air-to-air missile at MH17.[383][384]

Conspiracy theories

On 18 July, Igor Girkin, the commander of the Donbas People's Militia, was quoted as stating that "a significant number of the bodies weren't fresh". He followed up by saying "Ukrainian authorities are capable of any baseness"; and also claimed that blood serum and medications were found in the wreckage in large quantities.[385] Girkin also claimed that some of the passengers had died a few days before the crash.[386]

According to the Russian military, in what New York magazine called "Russia's Conspiracy Theory", MH17 was shot down by the Ukrainians, using either a surface-to-air missile or a fighter aircraft.[387][388] On 21 July 2014, the Russian Ministry of Defence (MoD) held a press conference and claimed that satellite photographs showed that the Ukrainian army moved a Buk SAM battery to the area close to the territory controlled by the rebels on the morning of 17 July, hours before the crash. They said the installation was moved away again by 18 July. The Russian MoD also claimed that they had detected a Ukrainian airforce Su-25 and that this ground-attack aircraft approached to within three to five kilometres (2 to 3 mi) of the Malaysian airliner wreckage.[388] In 2015 Bellingcat purchased satellite photos from the same area and time as used by the MoD and demonstrated that the MoD had used older photos (May and June 2014) in their presentation, and that the presentation had been edited to make a Ukrainian Buk launcher appear as if it had been removed after the attack.[389] In the report published by the Dutch Safety Board, an air-to-air missile strike was ruled out.[8]

The Russian government-funded[390] TV network RT initially said that the airliner may have been shot down by Ukraine in a failed attempt to assassinate Vladimir Putin, in a plot which was organised by Ukraine's "Western backers". This was quickly dismissed as Putin's flight route was hundreds of kilometres north of Ukraine.[391][392]

Other conspiracy theories propagated by Russian pro-government media included claims that the Ukrainians had shot down the airliner by mistake, drawing parallels to the downing of Siberia Airlines Flight 1812 in 2001 (reported in December 2014[393]); that Ukrainian air traffic controllers had deliberately redirected the flight to fly over the war zone; and that the Ukrainian government had organised the attack to discredit the pro-Russian rebels.[394] The number of alternative theories disseminated in Russian mass media started growing as the DSB and JIT investigations increasingly pointed towards the separatists.[395]

In 2017 Dutch newspaper NRC Handelsblad described how false stories about the MH17 crash had been propagated with the support of Christian Democratic Appeal politician Pieter Omtzigt, who introduced a Russian-speaking Ukrainian man as an "eyewitness" to the crash on a public expert debate in May 2017. The man, who was an asylum-seeker from Ukraine, did not witness the crash and his speech, texted to him by Omtzigt prior to the interview, repeated the Russian-promoted version that Ukrainian jets downed the Boeing.[396]

Maps

 
 
Amsterdam Airport Schiphol
 
Crash site
 
Kuala Lumpur International Airport
class=notpageimage|
Location of departure, crash site and destination
 
 
Amsterdam Airport Schiphol
 
Crash site
class=notpageimage|
Location of departure and crash site
 
Presumed route ending in an area controlled by pro-Russian rebels according to The New York Times[67][i]

In popular culture

The shootdown of MH17 is featured in the fourth episode of eighteenth season of the Canadian documentary television programme Mayday, in the episode titled "Deadly Airspace".[397] It is also a major event in Maryna Er Gorbach's film Klondike.[398]

See also

Notes

  1. ^ MH is the IATA designator. The flight was also marketed as KLM Flight 4103 (KLM4103) through a codeshare, and has been commonly referred to as "MH17", "Flight 17" or "Flight MH17".
  2. ^ The aircraft is a Boeing 777-200ER (for Extended Range) model; Boeing assigns a unique customer code for each company that buys one of its aircraft, which is applied as an infix in the model number at the time the aircraft is built. The code for Malaysia Airlines is "H6", hence "777-2H6ER".
  3. ^ Including:
    • 1 dual Canadian-Romanian citizen
  4. ^ Including:
    • 1 dual German-Dutch citizen
  5. ^ 28 passengers and 15 crew
  6. ^ Including:
    • 1 dual Dutch-Belgian citizen
    • 1 dual Dutch-Israeli citizen
    • 1 dual Dutch-Italian citizen
    • 1 dual Dutch-American citizen
    • 1 dual Dutch-Malaysian citizen[27]
    • 3 Dutch-Vietnamese citizens[28]
  7. ^ Including:
    • 1 dual British-South African citizen
    • 1 dual British-New Zealand citizen
  8. ^ The family name is Choo, as the Chinese name is Choo Jin Leong (Chinese: 朱仁隆; pinyin: Zhū Rénlóng[37]) Therefore he should be addressed by his family name, Choo. Note that ethnic Malays do not have family names, and so they are politely addressed by their given names.[3][36]
  9. ^ "A United States official said the missile that shot down the plane was launched from a region near the towns of Torez and Snizhne"[310] See also several mentions of one or both of these towns in the Cause of crash section and elsewhere in this article

References

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  3. ^ a b c d e f g h i j k l m n o p q r s t u v w x y z aa ab ac ad ae af ag ah ai aj ak al am an ao ap aq ar as at au av aw ax ay az ba Crash of Malaysia Airlines flight MH17 Hrabove, Ukraine, 17 July 2014 (PDF) (Report). Dutch Safety Board. 13 October 2015. (PDF) from the original on 13 October 2015.
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malaysia, airlines, flight, mh17, mas17, scheduled, passenger, flight, from, amsterdam, kuala, lumpur, that, shot, down, russian, forces, july, 2014, while, flying, over, eastern, ukraine, passengers, crew, were, killed, contact, with, aircraft, boeing, 200er,. Malaysia Airlines Flight 17 MH17 MAS17 a was a scheduled passenger flight from Amsterdam to Kuala Lumpur that was shot down by Russian forces 4 on 17 July 2014 while flying over eastern Ukraine All 283 passengers and 15 crew were killed 5 Contact with the aircraft a Boeing 777 200ER was lost when it was about 50 km 31 mi from the Ukraine Russia border and wreckage from the aircraft fell near Hrabove in Donetsk Oblast Ukraine 40 km 25 mi from the border 6 The shoot down occurred during the war in Donbas over territory controlled by Russian separatist forces 7 Malaysia Airlines Flight 179M MRD the aircraft involved 2011ShootdownDate17 July 2014 2014 07 17 8 years 5 months agoSummaryShot down by a Buk 9M83 surface to air missile transported from Russia on the day of the crash 1 2 SiteNear Hrabove Donetsk Oblast Ukraine 48 08 18 1 N 38 38 21 3 E 48 138361 N 38 639250 E 48 138361 38 639250 Coordinates 48 08 18 1 N 38 38 21 3 E 48 138361 N 38 639250 E 48 138361 38 639250 3 111 AircraftAircraft typeBoeing 777 200EROperatorMalaysia AirlinesIATA flight No MH17ICAO flight No MAS17Call signMalaysian 17Registration9M MRDFlight originAmsterdam Airport Schiphol NetherlandsDestinationKuala Lumpur International Airport MalaysiaOccupants298Passengers283Crew15Fatalities298Survivors0 The responsibility for investigation was delegated to the Dutch Safety Board DSB and the Dutch led joint investigation team JIT who in 2016 reported that the airliner had been downed by a Buk surface to air missile launched from pro Russian separatist controlled territory in Ukraine 3 8 The JIT found that the Buk originated from the 53rd Anti Aircraft Missile Brigade of the Russian Federation 9 10 and had been transported from Russia on the day of the crash fired from a field in a rebel controlled area and the launch system returned to Russia afterwards 1 2 9 The findings by the DSB and JIT were consistent with the earlier claims by American and German intelligence sources 11 12 and claims by the Ukrainian government 13 On the basis of the JIT s conclusions the governments of the Netherlands and Australia held Russia responsible for the deployment of the Buk installation and began pursuing legal remedies in May 2018 14 15 The Russian government denied involvement in the shooting down of the airplane 10 16 17 and its account of how the aircraft was shot down has varied over time 18 Coverage in Russian media has also differed from that in other countries 19 20 On 17 November 2022 following a trial in absentia in the Netherlands two Russians and a Ukrainian separatist were found guilty of murdering all 298 people onboard flight MH17 by shooting it down The Dutch court also ruled that Russia was in control of the separatist forces fighting in eastern Ukraine at the time 4 This was Malaysia Airlines second aircraft loss during 2014 after the disappearance of Flight 370 four months prior on 8 March 21 and is the deadliest airliner shoot down incident to date 22 Contents 1 Aircraft 2 Passengers and crew 3 Background 4 Flight and shoot down 4 1 Cruise 4 2 Shoot down 4 2 1 Flight data recordings 4 2 2 Missile strike 4 2 3 In flight breakup 4 3 Debris field 4 4 Nearby aircraft 5 Recovery of bodies 6 Aftermath 7 Investigation 7 1 On site investigation 7 2 Cause of the crash 7 3 Dutch Safety Board reports 7 3 1 Preliminary report 7 3 2 Final report 7 4 Criminal investigation 7 4 1 Findings of the joint investigation team 7 4 2 Proposed international tribunal 7 4 3 Criminal prosecution 7 4 4 European Court of Human Rights 7 4 5 Convention on aviation legal action 8 British ISC report 9 Identification of command figures 10 Civil cases 11 Reactions 11 1 Countries 11 2 Organisations 11 3 Memorials 12 Russian media coverage 12 1 Initial reactions 12 2 Claims of shoot down by the Ukrainian Air Force 12 2 1 Debunking 12 3 Claims of shoot down by a Ukrainian Buk 12 4 Conspiracy theories 13 Maps 14 In popular culture 15 See also 16 Notes 17 References 18 External linksAircraftFlight 17 which was also marketed as KLM Flight 4103 KL4103 through a codeshare agreement 23 was operated with a Boeing 777 2H6ER b serial number 28411 registration 9M MRD 3 30 The 84th Boeing 777 produced it first flew on 17 July 1997 exactly 17 years before the incident and was delivered new to Malaysia Airlines on 29 July 1997 24 Powered by two Rolls Royce Trent 892 engines and carrying 280 seats 33 business and 247 economy the aircraft had recorded more than 76 300 hours in 11 430 cycles before the crash 3 30 The aircraft was in an airworthy condition at departure 3 31 The Boeing 777 which entered commercial service on 7 June 1995 has one of the best safety records among commercial aircraft 25 In June 2014 there were about 1 212 aircraft in service with 340 more on order 26 Passengers and crewPeople on board by nationality 3 27 Nation NumberAustralia 27Belgium 4Canada c 1Germany d 4Indonesia 12Malaysia e 43Netherlands f 193New Zealand 1Philippines 3United Kingdom g 10Total 298The incident is the deadliest airliner shoot down incident to date 22 All 283 passengers and 15 crew died 3 27 By 19 July the airline had determined the nationalities of all 298 passengers and crew 21 The crew were all Malaysian while over two thirds 68 of the passengers were Dutch Most of the other passengers were Malaysians and Australians the remainder were citizens of seven other countries 3 27 Among the passengers were delegates en route to the 20th International AIDS Conference in Melbourne including Joep Lange a former president of the International AIDS Society which organised the conference 29 Many initial reports had erroneously indicated that around 100 delegates to the conference were aboard but this was later revised to six 30 Also on board were Dutch Senator Willem Witteveen 31 Australian author Liam Davison 32 and Malaysian actress Shuba Jay 33 At least twenty family groups were on the aircraft and eighty passengers were under the age of 18 34 35 The flight crew were captains Wan Amran Wan Hussin 49 and Eugene Choo Jin Leong 44 and first officers Ahmad Hakimi Hanapi 29 and Muhamad Firdaus Abdul Rahim 26 Captain Wan had a total of 13 239 flight hours including 7 989 in Boeing 777s Captain Choo had a total of 12 385 flight hours including 7 303 in Boeing 777s First Officer Ahmad had a total of 3 190 flight hours including 227 in Boeing 777s First Officer Muhamad Firdaus had a total of 4 058 flight hours including 296 in Boeing 777s 3 36 h BackgroundSee also War in Donbas 2014 2022 The armed conflict in Eastern Ukraine led some airlines to avoid eastern Ukrainian airspace in early March 2014 due to safety concerns 38 39 In the months prior to 17 July reports circulated in the media on the presence of weapons including surface to air missiles in the hands of the rebels that were fighting the Ukrainian government in eastern Ukraine 40 41 On 26 May a spokesperson of the Ukrainian Armed Forces stated that a surface to air missile system that was being used by the rebels near Donetsk airport had been destroyed by a helicopter of the Ukrainian army On 6 June 2014 The International New York Times reported that surface to air missiles had been seized from military bases On 11 June the newspaper Argumenty nedeli de reported that a Buk M1 missile launcher had been present in an area under the separatists control On 29 June the Russian news agencies reported that insurgents had obtained a Buk missile system after having taken control of Ukrainian military unit A 1402 40 41 and the Donetsk People s Republic claimed possession of such a system in a since deleted tweet 40 42 43 Such air defence systems cannot reliably identify and avoid civilian aircraft 44 45 The Ukrainian authorities declared in the media that this system was not operational 3 187 188 According to the subsequent statement of the Security Service of Ukraine three Buk missile systems were located on militia controlled territory at the time that Malaysia Airlines Boeing 777 was shot down On the night following the downing of MH17 two Buk launcher vehicles one of which carried three missiles out of a normal complement of four was observed moving into Russia 46 47 48 Several aircraft from the Ukrainian Air Force were shot down in the months and days preceding the MH17 incident On 14 June 2014 a Ukrainian Air Force Ilyushin Il 76 military transport was shot down on approach to Luhansk International Airport with loss of nine crew members and forty troops 3 183 On 14 July 2014 a Ukrainian Air Force An 26 transport aircraft flying at 6 500 m 21 300 ft was shot down 3 183 The militia reportedly claimed via social media that a Buk missile launcher which they had previously seized and made operational had been used to bring down the aircraft 49 American officials later said evidence suggested the aircraft had been shot down from Russian territory 50 On 16 July the Ministry of Defence of Ukraine reported that at about 13 00 local time terrorists used MANPADs against a Su 25 jet which was performing a flight mission in the ATO zone According to the report the airplane received minor damage and was forced to make a landing 51 52 53 Later the Ministry of Defence of Ukraine reported on the second Su 25 that was attacked on the same day at about 19 00 local time near the Ukrainian Russian border in the area of Amvrosiivka 54 55 According to the details reported by Ukraine s RNBO spokesperson Andriy Lysenko the Ukrainian Su 25 was shot down by an R 27T medium range air to air missile fired by a MiG 29 jet from Russian territory while the Su 25 was at an altitude of 8 250 m 3 185 56 The Russian Defence Ministry said that the accusations were false 57 58 In response to additional questions by the Dutch Safety Board the Ukrainian authorities reported that a provisional investigation had revealed that the airplane had been shot down while flying at an altitude of 6 250 m Ukrainian authorities also thought that the Su 25 could have been shot down with a Pantsir missile system from Russian territory though they thought this less likely 3 185 On 17 July an Associated Press journalist saw a Buk launcher in Snizhne in Donetsk Oblast 16 kilometres 10 mi southeast of the crash site The reporter also saw seven separatist tanks near the town 59 Associated Press journalists reported that the Buk M 1 was operated by a man with unfamiliar fatigues and a distinctive Russian accent escorted by two civilian vehicles 60 The battle around Savur Mohyla has been suggested as the possible context within which the missile that brought down MH17 was fired as separatists deployed increasingly sophisticated anti aircraft weaponry in this battle and had brought down several Ukrainian jets in July 61 In April the International Civil Aviation Organization had warned governments that there was a risk to commercial passenger flights over south eastern Ukraine 3 217 The American Federal Aviation Administration issued restrictions on flights over Crimea to the south of MH17 s route and advised airlines flying over some other parts of Ukraine to exercise extreme caution This warning did not include the MH17 crash region 62 63 37 airlines continued overflying eastern Ukraine and about 900 flights crossed the Donetsk region in the seven days before the Boeing 777 was shot down 64 Russian air traffic controllers issued a notice effective 17 July at 00 00 with two conflicting altitude restrictions in the airspace in the adjacent area over Russia below 32 000 feet 9 800 m and below 53 000 feet 16 000 m Long distance flights typically travel at altitudes of 33 000 to 44 000 feet 65 so the second restriction would effectively close that airspace to civilian overflights but the second restriction was not noted by the automated systems of Malaysian Airlines and the route was not changed The reason given for the notice was armed conflict in Ukraine Russian authorities told the Dutch Safety Board the notice had been published to create agreement with the adjoining Ukrainian airspace but provided no clarification for the higher restriction 66 67 The airspace above Donetsk was managed by Ukraine The Ukrainian authorities imposed restrictions for flights under 32 000 feet 9 800 m but did not consider closing the airspace to civil aviation completely 3 10 68 69 As with other countries Ukraine receives overflight fees for commercial aircraft that fly through their territory and this may have contributed to the continued availability of civilian flight paths through the conflict zone 70 71 However the Netherlands where the main investigation was conducted did not hold Ukraine accountable for not closing its airspace due to lack of evidence that it should have done so 72 Flight and shoot down Route of Malaysia Airlines Flight 17 Routes of Malaysia Airlines Flight 17 MH17 and Singapore Airlines Flight 351 SQ351 including airspace restrictions On Thursday 17 July 2014 Malaysia Airlines Flight 17 departed from Amsterdam Airport Schiphol Gate G3 at 12 13 CEST 10 13 UTC thirteen minutes later than the scheduled departure time and took off at 12 31 local time 10 31 UTC 3 23 It was due to arrive at Kuala Lumpur International Airport at 06 10 MYT Friday 18 July 22 10 UTC 17 July 73 Cruise According to the original flight plan MH17 was to fly over Ukraine at flight level 330 33 000 feet or 10 060 metres and then change to FL 350 around the Ukrainian city of Dnipropetrovsk When it reached the area as planned at 15 53 local time 12 53 UTC Dnipropetrovsk Air Control Dnipro Control asked MH17 if they could climb to FL 350 as planned and also to maintain separation from another flight Singapore Airlines Flight 351 SQ351 also at FL 330 The crew asked to remain at FL 330 and the air traffic controller approved this request moving the other flight to FL 350 At 16 00 local time 13 00 UTC the crew asked for a deviation of 20 nautical miles 37 km to the left north off course on airway L980 due to weather conditions This request was also approved by Dnipro Control ATC The crew then asked if they could climb to FL 340 which was rejected as this flight level was not available so MH17 remained at FL 330 At 16 19 local time 13 19 UTC Dnipro Control noticed that the flight was 3 6 nautical miles 6 7 km north of the centreline of its approved airway and instructed MH17 to return to the track At 16 19 local time 13 19 UTC Dnipro Control contacted Russian ATC in Rostov on Don RND Control by telephone and requested clearance to transfer the flight to Russian airspace After obtaining permission Dnipro Control attempted to contact MH17 for handing them off to RND Control at 16 20 local time 13 20 UTC but the aircraft did not respond When MH17 did not respond to several calls Dnipro Control contacted RND Control again to check if they could see the aircraft on their radar RND Control confirmed that the airliner had disappeared 5 Shoot down Flight data recordings The Dutch Safety Board reported that both the cockpit voice recorder CVR and the flight data recorder FDR stopped recording at 16 20 03 local time 13 20 03 UTC The last FDR data indicates that the plane was at the position of 48 12715 N 38 52630538 E located west of the urban type settlement Rozsypne Rozsipne near Hrabove heading east southeast ESE 115 at an altitude of 32 998 feet above sea level with a ground speed of 494 knots 915 km h 568 mph and an indicated airspeed of 293 knots 5 3 46 47 amp 111 The flight recorders show no sign of warning or unusual occurrence prior to the end of their recordings but two sound peaks are heard in the last 20 milliseconds of the CVR recording 3 45 Missile strike At 16 20 03 local time 13 20 03 UTC a Buk ground to air missile which had been launched from an area southeast of the aircraft detonated outside the airplane just above and to the left of the cockpit 3 142 147 The blast and fragments of the missile severely damaged the cockpit and instantly killed three crew members in it 3 147 149 139 141 136 Evidence on the left engine intake ring and left wing tip suggests that the left wing and left engine had also picked up some shrapnel from the missile 3 60 136 An explosive decompression occurred tearing the forward section of the aircraft into pieces causing the middle and rear sections to tear into three sections and depressurizing the cabin 3 150 152 The explosive decompression could have incapacitated most occupants of the aircraft before the crash though investigators never ruled out the possibility that some were still conscious when the aircraft impacted the ground Some occupants might have suffered serious injuries that contributed to their deaths before the crash 3 165 The aircraft fell rapidly and continued disintegrating before impacting the ground 3 54 55 152 153 In flight breakup Investigators were able to determine how the aircraft disintegrated and crashed 3 149 163 The aircraft began disintegrating immediately after being struck by a missile 3 160 Investigators believed that the disintegration of the forward section of the fuselage started between the left side cockpit windows and the forward left exit door 3 151 The cockpit section and the business class section of the aircraft began tearing into a number of pieces before the aircraft descended rapidly toward the ground 3 150 152 During that period of time the left engine intake ring had also fallen off the engine and fell in the same place as where some of these pieces fell 3 54 60 162 As the aircraft was falling the instability and aerodynamic loads of the aircraft stressed its fuselage resulting in further disintegration 3 160 Shortly before crashing into the ground the rear section of the fuselage just behind where the two wings were attached to the fuselage was separated from the middle portion of the fuselage 3 152 At the same time the two wing tips had fallen off from the wings of the aircraft 3 161 The tail section which was just behind the aft exit doors was also separated from the rear section 3 153 The pair of horizontal stabilizers and the vertical stabilizer were also separated from the tail section prior to impacting the ground 3 161 The middle portion including the two wings and two engines eventually crashed into farmland and its large quantity of jet fuel exploded upon impact 3 54 55 76 The positions of the aircraft wreckage suggest that the plane might have been upside down when the rear and middle sections disintegrated and the middle portion probably crashed inverted while travelling rearward 3 161 162 Investigators could not specify the exact time when each major section of the plane hit the ground However they estimated that the middle portion of the aircraft had impacted the ground within 1 1 5 minutes after the beginning of the in flight breakup 3 162 Debris field The mid air disintegration had caused the seats pieces of interior wall and floor overhead compartments and other interior structures of the aircraft to fall out of the plane Some bodies personal belongings and other light objects had also fallen out of the plane As the result of the disintegration the debris of the plane landed in six different areas 3 53 In the investigation report the position where the plane was struck by a missile is identified as the last FDR point because it is where the flight data recorder stopped recording A few parts of the business class and cockpit sections landed on farm land far north of the last FDR point The business class section and the left engine intake ring landed in the large residential area of Petropavlivka northeast of the last FDR point The cockpit and the forward cargo section including the nose landing gear landed on farm land far southeast of the last FDR point and southwest of the village of Rozsypne The tail and the rear fuselage sections landed farther east of the last FDR point while the middle portion of the aircraft landed at 48 8 17 N 38 38 20 E just northeast of them 3 54 55 Most of the debris of the aircraft which were the middle and rear sections landed near southwest of the village of Hrabove north of Torez now also known as Chystiakove The wreckage had spread over a 50 square kilometres 19 sq mi area in Donetsk Oblast eastern Ukraine 3 53 The fireball on impact is believed to have been captured on video 74 Photographs from the site of the crash show scattered pieces of broken fuselage and engine parts bodies and passports 75 Some of the wreckage fell close to houses 76 Dozens of bodies fell into crop fields and some fell into houses 77 Nearby aircraft Three other commercial aircraft were in the same area when the Malaysian airliner was shot down Air India Flight 113 AI113 a Boeing 787 en route from Delhi to Birmingham EVA Air Flight 88 BR88 a Boeing 777 en route from Paris to Taipei and the closest aircraft Singapore Airlines Flight 351 SQ351 was 33 kilometres 21 mi away a Boeing 777 en route from Copenhagen to Singapore 3 41 Recovery of bodies First arrival of bodies at Eindhoven Airport A Ukraine Foreign Ministry representative said that the bodies found at the crash site would be taken to Kharkiv for identification 270 kilometres 170 mi to the north By the day after the crash 181 of the 298 bodies had been found 78 Some were observed being placed in body bags and loaded onto trucks 79 80 81 Dutch Prime Minister Mark Rutte initially complained about looting of personal belongings from the dead and the careless handling of their bodies but later stated they had been handled with more care than originally thought 82 83 84 Other media complained that credit and debit cards were being looted 85 and there were accusations that evidence at the crash site had been destroyed 86 87 The Guardian noted that tales of looting seemed to be exaggerated but the chaos at the crash site risked the accidental destruction of evidence which the paper contended journalists were contributing to 88 On 20 July Ukrainian emergency workers observed by armed pro Russian separatists began loading the remains of the passengers of MH17 into refrigerated railway wagons for transport and identification 89 On 21 July pro Russian rebels allowed Dutch investigators to examine the bodies By this time 272 bodies had been recovered according to Ukrainian officials 90 Remains left Torez on a train on the evening of 21 July en route to Kharkiv to be flown to the Netherlands for identification 91 On the same day Malaysian Prime Minister Najib Razak announced that the Malaysian government had reached a tentative agreement to retrieve the remains of the Malaysians who died in the crash following any necessary forensic work 92 Convoy of 40 hearses heading to Hilversum while other traffic stopped It was reported on 21 July that with 282 bodies and 87 body fragments found there were still 16 bodies missing 93 An agreement had been reached that the Netherlands would co ordinate the identification effort A train carrying the bodies arrived at the Malyshev Factory Kharkiv on 22 July 94 Dutch authorities stated that they found 200 bodies on the train when it arrived at Kharkhiv leaving almost 100 unaccounted for 95 In late July the UK Metropolitan Police sent specialist officers to Ukraine to assist with the recovery identification and repatriation of bodies 96 The first remains were flown to Eindhoven in the Netherlands on 23 July 97 moved there with Dutch air force C 130 and Australian C 17 transport aircraft 98 99 which landed at Eindhoven Airport just before 16 00 local time 100 The day after another 74 bodies arrived 101 The examination and identification of the bodies was conducted at the Netherlands Army medical regiment training facility in Hilversum and was coordinated by a Dutch forensic team 102 On 1 August it was announced that a search and recovery mission including about 80 forensic police specialists from the Netherlands Malaysia and Australia and led by Colonel Cornelis Kuijs of the Royal Marechaussee would use drones sniffer dogs divers and satellite mapping to search for missing body parts at the crash site 103 104 Australian officials had believed that as many as 80 bodies were still at the site 105 but after some days of searching the international team had found remains of only a few victims and concluded that the recovery effort undertaken by local authorities immediately after the crash was more thorough than initially thought 84 On 6 August the Dutch Prime Minister Mark Rutte announced that the recovery operation would be temporarily halted due to an upsurge in fighting around the crash site threatening the safety of crash investigators and recovery specialists and that all international investigators and humanitarian forces conducting searches would leave the country leaving behind a small communications and liaison team 106 On 22 August the bodies of 20 Malaysians of 43 killed in the incident arrived in Malaysia 107 The government announced a National Mourning Day with a ceremony broadcast live on radio and television 108 On 9 October a spokesman for the Dutch national prosecutor s office stated that one victim had been found with an oxygen mask around his neck a forensic investigation of the mask for fingerprints saliva and DNA did not produce any results and it is therefore not known how or when the mask got around the neck of the victim 3 99 By 5 December 2014 the Dutch led forensic team had identified the bodies of 292 out of 298 victims of the crash 109 In February and April 2015 new remains were found on the site 110 111 after which only two victims both Dutch citizens had not been identified 111 AftermathAbout 90 minutes after the incident Ukraine closed all routes in Eastern Ukrainian airspace at all altitudes 3 101 The incident dramatically heightened fears about airliner shoot downs 112 leading to some airlines announcing they would avoid overflying conflict zones Shortly after the crash it was announced that Malaysia Airlines would retire flight number MH17 and change the Amsterdam Kuala Lumpur route to flight number MH19 beginning on 25 July 2014 with the outbound flight unchanged 113 114 In association with the retirement of the Boeing 777 aircraft type from Malaysia Airlines fleet Malaysia Airlines ended its service to Amsterdam on 25 January 2016 opting to codeshare with KLM on the KUL AMS route for the services instead 115 On 18 July 2014 shares in Malaysia Airlines dropped by nearly 16 116 On 23 July 2014 two Ukrainian military jets were hit by missiles at the altitude of 17 000 feet 5 200 m close to the area of the MH17 crash According to the Ukrainian Security Council preliminary information indicated that the missiles came from Russia 117 In July 2015 Malaysia proposed that the United Nations Security Council set up an international tribunal to prosecute those deemed responsible for the downing of the aircraft The Malaysian resolution received the support of 11 of the 15 members in the council with three abstentions The resolution was vetoed by Russia 118 The Russian government proposed an alternative draft resolution which would not have set up a tribunal 119 120 121 122 123 InvestigationTwo parallel investigations were led by the Dutch one into the technical cause of the crash and a separate criminal inquiry 124 The technical report was released on 13 October 2015 125 and the criminal investigation reported some of their findings in September 2016 2 126 According to the Convention on International Civil Aviation the country in which an aviation incident occurs is responsible for the investigation but that country may delegate the investigation to another state Ukraine has delegated the leadership of both investigations to the Netherlands 127 128 129 130 On site investigation In the hours following the crash a meeting was convened of the Trilateral Contact Group After they had held a video conference with representatives of insurgents affiliated with the Donetsk People s Republic who controlled the area where the aircraft crashed the rebels promised to provide safe access and security guarantees to the national investigation commission by co operating with Ukrainian authorities and OSCE Organization for Security and Co operation in Europe monitors 131 During the first two days of investigation the militants prevented the OSCE and the workers of Ukrainian Emergencies Ministry from freely working at the crash site Andrei Purgin a leader of the Donetsk People s Republic declared later that we will guarantee the safety of international experts on the scene as soon as Kiev concludes a ceasefire agreement 132 Dutch and Australian police at the crash site on 3 August 2014 By 18 July 2014 the flight data recorder and the cockpit voice recorder had been recovered by separatists 133 and three days later were handed over to Malaysian officials in Donetsk 3 44 134 The voice recorder was damaged but there was no evidence that data had been tampered with 3 45 The National Bureau of Air Accidents Investigation of Ukraine which led investigations both off and on site during the first days after the crash 135 had by August 2014 delegated the investigation to the DSB because of the large number of Dutch passengers and the flight having originated in Amsterdam 3 14 136 137 On 22 July 2014 a Malaysian team of 133 officials search and recovery personnel and forensics technical and medical experts arrived in Ukraine 90 Australia sent a 45 member panel headed by former Air Chief Marshal Angus Houston who had earlier supervised the MH370 probe 138 Approximately 200 special forces soldiers from Australia were also deployed to provide support for the JIT investigators 139 The United Kingdom sent six investigators from the Air Accidents Investigation Branch AAIB and the UK Foreign Office sent extra consular staff to Ukraine 96 It took until late July before the full international team could start working at the crash site 140 under the leadership of the Dutch Ministry of Defence 141 On 30 July 2014 a Ukrainian representative said that pro Russian rebels had mined approaches to the crash site and moved heavy artillery 142 On 6 August 2014 the experts left the crash site due to concerns about their safety 143 In mid September they unsuccessfully attempted to regain access to the site 144 145 On 13 October 2014 a Dutch Ukrainian team resumed recovery of victims personal belongings 146 In mid November 2014 work was undertaken to remove part of the wreckage from the crash site Earlier efforts by the recovery team to salvage the MH17 wreckage had been frustrated by disagreements with the local rebels 147 148 The recovery operation took a week The debris was transported to the Netherlands where investigators reconstructed parts of the aircraft 149 In August 2015 possible Buk missile launcher parts were found at the crash site by the Dutch led joint investigation team JIT 150 151 Cause of the crash A mobile Buk surface to air missile launcher similar to that used in the incident External audio Pro Russian rebels discuss the shooting down of an aircraft on YouTube Intercepted phone calls verified with voice recognition by the U S National Security Agency 152 between rebels discussing which rebel group shot down the aircraft and initial reports that it was a civilian aircraft Audio in Russian released by the Security Service of Ukraine with English subtitles 153 154 Soon after the crash both American and Ukrainian officials said that a 9M38 series surface to air missile strike was the most likely cause 155 If so then the missile was fired from a mobile Soviet designed Buk missile system NATO reporting name SA 11 Gadfly At the time Buk was the only surface to air missile system known to be deployed in the region that was capable of reaching the cruising altitude of commercial air traffic 50 156 157 158 159 160 Such systems unless they receive information from larger networks have limited capacity to distinguish between military and civilian aircraft 161 162 163 According to defence analyst Reed Foster from Jane s Information Group the contour of the aluminium and the blistering of the paint around many of the holes on the aircraft fragments indicate that small high velocity fragments entered the aircraft externally a damage pattern indicative of an SA 11 164 Ballistics specialist Stephan Fruhling of the Australian National University s Strategic and Defence Studies Centre concurred with this explaining that since it struck the cockpit rather than an engine it was probably a radar guided rather than heat seeking missile equipped with a proximity fuzed warhead such as an SA 11 165 Shortly after the crash Igor Girkin leader of the Donbas separatists was reported to have posted on social media network VKontakte taking credit for downing a Ukrainian An 26 166 167 168 This news was repeated by channels in Russia with LifeNews reporting a new victory of Donetsk self defence who shot down yet another Ukrainian airplane 169 Russian news agency TASS also reported eyewitness accounts claiming that the Donbas militia had just shot down a Ukrainian An 26 military aircraft with a missile 170 The separatists later denied involvement saying they did not have the equipment or training to hit a target at that altitude 171 172 173 Russian media also reported that Alexander Borodai called one of the Moscow media managers 40 minutes after the crash saying that likely we shot down a civilian airliner 168 Witnesses in Torez reported sightings on the day of the incident of what appeared to be a Buk missile launcher 174 and AP journalists reported sightings of a Buk system in separatist controlled Snizhne 60 The witness reports backed up photographs and videos which had been posted online of the Buk launcher in rebel held territory 174 On 19 July 2014 Vitaly Nayda the chief of the Counter Intelligence Department of the Security Service of Ukraine SBU told a news conference We have compelling evidence that this terrorist act was committed with the help of the Russian Federation We know clearly that the crew of this system were Russian citizens 175 176 177 He cited what he said were recorded conversations in which separatists expressed satisfaction to Russian intelligence agents that they had brought down an aircraft 178 179 One of the separatists acknowledged that the conversations had taken place but denied that they were related to the crash of MH17 and blamed the Ukrainian government for shooting it down 73 180 181 According to Nayda a Buk launcher used in the shoot down was moved back into Russia the night after the attack 60 The SBU released another recording which they said was of pro Russian separatist leader Igor Bezler being told of an approaching aircraft two minutes before MH17 was shot down Bezler said the recording was real but referred to a different incident 182 The head of the SBU Valentyn Nalyvaichenko later claimed that rebels had intended to shoot down a Russian airliner in a false flag operation to give Russia a pretext to invade Ukraine but shot down MH17 by mistake 183 184 185 Journalists from the Associated Press in Snizhne Ukraine reported seeing a Buk M 1 enter the town operated by a man with unfamiliar fatigues and a distinctive Russian accent escorted by two civilian vehicles which then moved off in the direction where the shoot down later occurred According to Ukrainian counterterrorism chief Vitaly Nayda after downing the airliner under separatist direction the launcher s Russian crew quickly moved it back across the border into Russia 60 American officials said that satellite data from infrared sensors detected the explosion of Flight MH17 186 American intelligence agencies said that analysis of the launch plume and trajectory suggested the missile was fired from an area near Torez and Snizhne 50 157 The Daily Telegraph said The Telegraph s own inquiries suggest the missile an SA 11 from a Buk mobile rocket launcher was possibly fired from a cornfield about 19 kilometres 12 mi to the south of the epicentre of the crash site 158 Other sources suggest the missile was launched from the separatist controlled town of Chernukhino 187 Several other media outlets including The Guardian The Washington Post and the Sydney Morning Herald reported that the aircraft was believed to have been downed by a rebel fired missile 105 188 189 On 28 July 2014 Ukrainian security official Andriy Lysenko announced at a press conference that black box recorder analysis had revealed that the aircraft had been brought down by shrapnel that caused massive explosive decompression Dutch officials were reported to be stunned by what they saw as a premature announcement and said that they had not provided this information 190 On 8 September 2014 the BBC released new material by John Sweeney who cited three civilian witnesses from Donbas who saw the Buk launcher in the rebel controlled territory on the day when MH17 crashed Two witnesses said the crew of the launcher and a military vehicle escorting it spoke with Moscow accents 191 On the same day Ignat Ostanin a Russian journalist published an analysis of photos and films of Buk units moving in Russia and Ukraine in the days before and after the MH17 crash According to Ostanin the markings on the specific launcher suspected of being used to shoot MH17 together with the number plates of the large goods vehicle that carried the launcher suggested that it belonged to the 53rd Anti Aircraft Missile Brigade of the Air Defence Forces of the Russian Ground Forces 192 193 On 8 October 2014 the president of the German Federal Intelligence Service BND gave a presentation about MH17 to a German parliamentary committee overseeing intelligence activities According to Der Spiegel the report contained a detailed analysis which concluded that pro Russian separatists had used a captured Ukrainian Buk system to shoot down Flight MH17 The report also noted that Russian claims the missile had been fired by Ukrainian soldiers and that a Ukrainian fighter jet had been flying close to the passenger jet were false 194 195 The Attorney General of Germany opened an investigation against unknown persons due to a suspected war crime 196 Between November 2014 and May 2016 UK based investigative collective Bellingcat made a series of claims based on their examination of photos in social media and other open source information Bellingcat said that the launcher used to shoot down the aircraft was a Buk of the Russian 53rd Anti Aircraft Missile Brigade based in Kursk which had been transported from Donetsk to Snizhne and was controlled by separatists in Ukraine on the day of the attack 197 198 199 200 and that the Buk launcher had a serial number 332 201 On 22 December 2014 the Dutch news service RTL Nieuws published a statement from an unnamed local resident who said he had witnessed the shooting down of MH17 which he said was shot down by a missile from rebel territory He had taken photographs which he had passed to the SBU 202 203 In January 2015 a report produced by the German investigative team CORRECT V concluded a Buk surface to air missile launcher operated by the 53rd Anti Aircraft Missile Brigade shot down MH17 204 Other circumstantial evidence was presented separately by various parties that supported this version identifying specific launcher vehicle operator name truck transporting it and its alleged route through Russia and Ukraine 205 In March 2015 Reuters published statements from named witnesses from Chervonyi Zhovten Ukrainian Chervonij Zhovten close to Torez and Snizhne who said they saw the Buk rocket passing over the village when it was fired from a field around 1 5 km away It also published a statement from a witness who was said to be a separatist fighter referred to by first name only who confirmed that the launcher was placed in that area on the day of the Boeing crash to prevent Ukrainian airstrikes 206 In July 2015 News Corp Australia published the transcript of a 17 minute video recorded at the scene shortly after the crash The transcript and published segments of the video indicated that Russian backed rebels arrived at the crash site expecting to find the wreckage of a military aircraft and crew who had parachuted from the aircraft 207 In May 2016 Stratfor released satellite imagery taken five hours before the crash which showed a Russian Buk system travelling on a flatbed truck east through Makiivka 40 km away from Snizhne Stratfor s concluded that a Buk system had moved from the Russian border toward Donetsk on 15 July 2014 and then moved back to the east on the afternoon of 17 July 2014 hours before Flight MH17 was shot down 208 Dutch Safety Board reports Preliminary report On 9 September 2014 the preliminary report was released by the Dutch Safety Board DSB 5 209 16 This preliminary report concluded that there was no evidence of any technical or operational failure in the aircraft or from the crew prior to the ending of the CVR and FDR recordings at 13 20 03 hrs UTC The report also said that damage observed on the forward fuselage and cockpit section of the aircraft appears to indicate that there were impacts from a large number of high energy objects from outside the aircraft According to the investigators this damage probably led to a loss of structural integrity that caused an in flight break up first of the forward parts of the aircraft and then of the remainder with an expansive geographic spread of the aircraft s pieces Tjibbe Joustra Chairman of the Dutch Safety Board explained that the investigation thus far pointed towards an external cause of the MH17 crash but determining the exact cause required further investigation They also said that they aimed to publish the final report within a year of the crash date 210 Final report source source source source source source source source source source track track track Narrated reconstruction of the missile impact produced by the Dutch Safety Board The Dutch Safety Board DSB issued its final report on the crash on 13 October 2015 The report concluded that the crash was caused by a Buk 9M38 series surface to air missile with a 9N314M warhead The warhead detonated outside and above the left hand side of the cockpit Fragments from the exploding warhead killed the three people in the cockpit and caused structural damage to the airliner leading to an in flight break up resulting in a wreckage area of 50 square kilometres 19 sq mi and loss of the lives of all 298 occupants 3 Based on evidence they were able to exclude meteor strikes the aircraft having technical defects a bomb and an air to air attack as causes of the crash Calculating the trajectory of the missile the Dutch National Aerospace Laboratory determined that it was fired within a 320 square kilometre 120 sq mi area southeast of Torez Narrowing down a specific launch site was outside the DSB s mandate 3 147 The findings did not specify who launched the Buk missile but the area identified by the DSB was controlled by pro Russian separatists at the time of the downing according to the final report 211 In addition to the technical investigation the selection of the flight route was also investigated by the DSB 212 Some airlines had avoided eastern Ukrainian airspace prior to the MH17 shootdown while many others including 62 operators from 32 countries had continued to fly routes over the region 3 224 213 The DSB judged that the Ukrainian authorities should have closed the airspace above eastern Ukraine prior to the incident due to the ongoing conflict and earlier military shootdowns 3 10 214 but noted that states involved in armed conflicts rarely did so 3 11 It recommended that such states should exercise more caution when evaluating their airspace and that operators should more thoroughly assess the risks when selecting routes over areas of conflict 215 214 Criminal investigation The criminal investigation into the downing of MH17 is being led by the Public Prosecution Service of the Dutch Ministry of Justice and is the largest in Dutch history involving dozens of prosecutors and 200 investigators 216 Investigators interviewed witnesses and examined forensic samples satellite data intercepted communications and information on the Web 217 Participating in the investigation along with the Netherlands are the four other members of the joint investigation team JIT 218 Belgium Ukraine Australia and lastly Malaysia 219 which joined in November 2014 218 Early in the investigation the JIT eliminated accident internal terrorist attack or air to air attack from another aircraft as the cause of the crash 1 In December 2014 in a letter to the Security Council the Netherlands United Nations representative wrote that the Dutch government is deliberately refraining from any speculation or accusations regarding legal responsibility for the downing of MH17 220 Also in December the assistant secretary of the United States Department of State s European and Eurasian Affairs stated that the United States had given all of the information they held including classified information to the Dutch investigators and to the International Civil Aviation Organization ICAO 221 On 30 March 2015 the JIT released a Russian language video calling for witnesses in the Donetsk and Luhansk regions who might have seen a Buk missile system 222 The video included some previously undisclosed recordings allegedly of tapped phone conversations between rebel fighters about the Buk In one recording of a conversation a few hours after the aircraft was shot down a fighter says that a member of the Buk s accompanying crew had been left behind at a checkpoint In another recording dated the day after the shooting down a rebel allegedly says the Buk system and its crew had been brought from Russia by the Librarian The video presented a scenario in which a Buk missile was transported on a Volvo low loader truck from Sievernyi Syevernij a town located within a kilometre of the Russian border near Krasnodon to Donetsk during the night of 16 17 July 223 In the week following the public appeal the JIT received more than 300 responses resulting in dozens of serious witnesses 224 225 In 2016 the presence of the transloader of matching colour with a Buk missile was confirmed on a satellite photo of the area taken just a few hours before the downing of the airliner which was described as correlating with other evidence by Stratfor who found the photo in DigitalGlobe archive 208 226 On 9 April 2015 Dutch authorities made available 569 documents concerning the shootdown Personal information and official interviews had been redacted A further 147 documents were not made public 227 Findings of the joint investigation team On 28 September 2016 the JIT gave a press conference in which it concluded that the aircraft was shot down with a 9M38 Buk missile fired from a rebel controlled field near Pervomaisky Pervomajskij a town 6 km 3 7 mi south of Snizhne 126 It also found the Buk missile system used had been transported from Russia into Ukraine on the day of the crash and then back into Russia after the crash with one missile less than it arrived with 1 2 The JIT said they had identified 100 people witnesses as well as suspects who were involved in the movement of the Buk launcher though they had not yet identified a clear chain of command to assess culpability which was a matter for ongoing investigation The Dutch chief prosecutor said the evidence must stand before a court which would render final judgement 1 During the investigation the JIT recorded and assessed five billion internet pages interviewed 200 witnesses collected half a million photos and videos and analysed 150 000 intercepted phone calls 126 228 According to JIT head prosecutor Fred Westerbeke the criminal investigation is based on immense body of evidence including testimonies of live witnesses who saw the Buk launcher primary radar data original photos and videos 229 A Buk SAM of the type used by the 53rd Anti Aircraft Missile Brigade On 24 May 2018 after extensive comparative research the JIT concluded that the Buk that shot down the flight came from the Russian 53rd Anti Aircraft Missile Brigade in Kursk 230 The head of the National Investigation Service of the Dutch police asked the eyewitnesses and insiders to share information about the identities of the Buk crew members the instruction the crew members followed and persons responsible for the operational deployment of the involved Buk on 17 July 2014 230 According to Dutch Public Prosecution Service by 24 May 2018 the authorities of the Russian Federation have not reported to the JIT that a Buk of the 53rd Brigade was deployed in Eastern Ukraine and that this Buk downed flight MH17 230 In response Russian President Vladimir Putin stated that Russia would analyse the JIT conclusion but would acknowledge it only if it became party to the investigation 231 232 The Russian Ministry of Defence in turn stated that no Russian Buk crossed the border with Ukraine 232 On 25 May 2018 the governments of the Netherlands and Australia issued a joint statement in which they laid responsibility on Russia for its part in the crash 14 The Netherlands and Australian foreign ministers stated that they would hold Russia legally responsible for shooting the airliner down Netherlands Foreign Minister Stef Blok stated that the government is now taking the next step by formally holding Russia accountable and The Netherlands and Australia today asked Russia to enter into talks aimed at finding a solution that would do justice to the tremendous suffering and damage caused by the downing of MH17 A possible next step is to present the case to an international court or organization for their judgment 233 Several other countries and international organisations expressed their support for the JIT s conclusions and the joint statement by the Netherlands and Australia 234 235 UK Foreign Secretary Boris Johnson said the United Kingdom fully supports Australia and the Netherlands calling on Russia to cooperate 236 High Representative Federica Mogherini of the EU stated that the European Union calls on the Russian Federation to accept its responsibility and to cooperate as well 237 The German government called on Russia to fully explain the tragedy 238 The US Department of State issued a statement saying that the United States strongly support the decisions by the Netherlands and Australia requesting Russia to acknowledge its involvement and to cease its callous disinformation campaign 239 NATO Secretary General Jens Stoltenberg called on Russia to accept responsibility and fully cooperate in line with United Nations Security Council Resolution 2166 240 In response to the JIT s conclusions Russian President Vladimir Putin reiterated that the Russians are not involved in it 241 Following release of the JIT report Malaysian Prime Minister Mahathir said the JIT was making Russia a scapegoat and that he did not believe the Russians whom the JIT had charged were involved Conversely the Malaysian prosecutor supported the investigation by saying the findings are based on extensive investigations and also legal research 242 Proposed international tribunal In June 2015 the Netherlands supported by the other JIT members sought to create an international tribunal to prosecute those suspected of downing the Malaysian airliner which would take up the case after the closing of the criminal investigation The Dutch hoped that an international tribunal would induce Russian cooperation which was considered critical 243 In late June 2015 the Russian government rejected a request by the five countries on the investigative committee to form a UN tribunal which would try those responsible for the shooting down of the aircraft calling it not timely and counterproductive 244 On 8 July 2015 Malaysia a member of the UN Security Council distributed a draft resolution to establish such a tribunal This resolution was jointly proposed by the five JIT member countries Russian UN Ambassador Vitaly Churkin responded I don t see any future for this resolution Unfortunately it seems that this is an attempt to organize a grandiose political show which only damages efforts to find the guilty parties 118 Russia later circulated a rival resolution which criticised the international investigation s lack of due transparency and demanded those responsible be brought to justice but which did not call for a tribunal 245 In a vote Malaysia s resolution gained majority support of the UNSC but was vetoed by Russia 122 Criminal prosecution In a statement made on 5 July 2017 by the Dutch Minister of Foreign Affairs Bert Koenders it was announced that the JIT countries would prosecute any suspects identified in the downing of flight MH17 in the Netherlands and under Dutch law 246 A treaty between the Netherlands and Ukraine made it possible for the Netherlands to prosecute in the cases of all 298 victims regardless of their nationality This treaty was signed on 7 July 2017 247 and went into force on 28 August 2018 248 On 21 March 2018 the Dutch government sent legislation to the parliament allowing the suspects involved to be prosecuted in the Netherlands under Dutch law 249 250 On 19 June 2019 the Dutch Public Prosecution Service charged four people with murder in connection with the shooting down of the aircraft three Russians Igor Girkin Sergey Dubinsky and Oleg Pulatov and one Ukrainian Leonid Kharchenko International arrest warrants were issued in respect of each of the accused 251 One of the suspects Lieutenant Colonel Oleg Pulatov expressed his intention to join the legal process by being represented in court Hearings in the trial began at the District Court of The Hague on 9 March 2020 with none of the accused in attendance 252 253 254 Igor Girkin gave an interview to journalist Graham Phillips saying he would not attend the trial because he did not recognise the court s jurisdiction over Russian citizens He said that he was not involved in the shoot down and that he considered the government of Ukraine to be responsible for the loss of life because only a moron or a criminal would send an airliner into a zone of active hostilities 255 In July 2019 SBU arrested Vladimir Tsemakh head of air defence in DPR controlled Snizhne during the attack on MH17 Bellingcat described him as an important eye witness to the events surrounding the downing of flight MH17 Bellingcat analysed his possible role and said that a video showed Tsemakh making what appears to be a damning admission to his personal involvement in hiding the Buk missile launcher in the aftermath of its use on 17 July 2014 256 In August 2019 Russia reportedly added Tsemakh to its list in a previously agreed exchange of prisoners of war with Ukraine In an article The Insider website commented on Russia s motives in requesting the exchange of a Ukrainian citizen 257 On 4 September 2019 an appeals court in Kyiv ruled to release Tsemakh 258 On 7 September 2019 Tsemakh was released during a Ukraine Russia prisoner exchange 259 According to the Dutch Foreign Minister Stef Blok the exchange had been delayed for a week so that Tsemakh could be questioned by the Dutch Public Prosecution Service as a witness about the events surrounding the downing of flight MH17 259 The Dutch Prime Minister Mark Rutte the Minister of Justice and Security Ferd Grapperhaus the JIT and Blok added that the Netherlands regretted Tsemakh who is a person of interest being included in the exchange due to pressure on Ukraine from Russia 258 259 260 261 262 Piet Ploeg Chairman of the victims relatives organisation Stichting Vliegramp MH17 called Tsemakh s release unacceptable 261 The Dutch Public Prosecution Service OM requested that Tsemakh who is not a Russian citizen be extradited from Russia to the Netherlands 261 On 14 November 2019 the JIT published a new witnesses appeal and simultaneously released a number of recorded conversations of rebel leaders JIT was particularly interested in the command structure and the role that Russian government officials may have played 263 264 A number of witness statements especially from the DPR armed forces were presented anonymously due to fear of reprisal from Russia 265 Although the Russian secret service attempted to hack into the Malaysian Attorney General s office investigation files of the Australian Federal Police and offices at The Hague prosecutors say the identities of the witnesses still remained secure 266 The Dutch court on considering defendant Oleg Pulatov s appeal against anonymous testimony allowed twelve anonymous witness statements in the trial but barred the anonymous testimony of one witness 267 On 7 June 2021 the trial moved on to the evidence phase during which lawyers and judges will discuss their findings Witnesses were called in to supply additional information 268 269 On 21 December 2021 the Prosecution recommended life sentences for four suspects accused of downing the plane 270 The trial reconvened on 7 March 2022 with the defence presenting oral arguments 271 On 17 November 2022 the court handed down life sentences to three defendants Igor Girkin Sergey Dubinskiy and Leonid Kharchenko for the murder of 298 passengers and crew A fourth defendant Oleg Pulatov was acquitted on grounds of insufficient involvement in the incident 272 273 The presiding judge Hendrik Steenhuis said the court had concluded that MH17 was shot down by a Russian made BUK missile launched from an agricultural field in eastern Ukraine citing extensive evidence that did not leave any possibility for reasonable doubt whatsoever and that Russia had overall control of the separatist forces in eastern Ukraine when the plane was shot down 4 European Court of Human Rights On 10 July 2020 the Dutch government announced that it intended to take Russia to the European Court of Human Rights for its role in the downing of Flight MH17 By doing so it said it was offering maximum support to the individual cases already brought to the Court by the victims families 274 275 Convention on aviation legal action On 14 March 2022 Australia and the Netherlands announced that they had launched a joint legal action against Russia under Article 84 of the Convention on International Civil Aviation 276 British ISC reportOn 20 December 2017 the Intelligence and Security Committee of the UK Parliament published its annual report It contains a section titled Russian objectives and activity against UK and allied interests which quotes MI6 as stating Russia conducts information warfare on a massive scale An early example of this was a hugely intensive multichannel propaganda effort to persuade the world that Russia bore no responsibility for the shooting down of Malaysian Airlines flight MH 17 an outright falsehood we know beyond any reasonable doubt that the Russian military supplied and subsequently recovered the missile launcher 277 278 Identification of command figuresIn December 2017 the Russian investigative portal The Insider the news agency McClatchyDC and Bellingcat performed a joint investigation that confirmed the identity of a high ranking military officer using a call sign Dolphin to be Colonel General Nikolai Fedorovich Tkachev Tkachev is heard supervising the operation of Buk delivery and set up in wiretaps acquired by JIT 279 280 In April 2020 the same three teams identified another high ranking figure in the chain of command referred to by many DPR and LPR operatives as Vladimir Ivanovich to be FSB Colonel General Andrey Ivanovich Burlaka first deputy chief of the Russian border service 281 282 Civil casesIn July 2015 a writ was filed in an American court by families of 18 victims accusing the separatist leader Igor Girkin of orchestrating the shootdown and the Russian government of being complicit in the act The writ was brought under the Torture Victim Protection Act of 1991 283 In May 2016 families of 33 victims of the crash filed a claim against Russia and president Vladimir Putin in the European Court of Human Rights arguing Russian actions violated the passengers right to life 284 285 A group of 270 relatives of Dutch victims joined the claim in May 2018 after the JIT concluded that Russia was involved 286 The Dutch government supported this claim by taking Russia to the European Court of Human Rights in July 2020 274 275 In July 2016 Malaysia Airlines was sued in Malaysia by 15 passengers families in two separate writs each brought under the Montreal Convention arguing that the airline should not have chosen that route 287 A month earlier a separate lawsuit was brought by the families of six crew members who alleged negligence and breach of contract by the airline 288 ReactionsMain article International reactions to the Malaysia Airlines Flight 17 shootdown Countries Ukrainian President Petro Poroshenko called the crash the result of an act of terrorism and also called for an international investigation into the crash 289 Malaysian Deputy Foreign Minister Hamzah Zainuddin said that the foreign ministry would be working with the Russian and Ukrainian governments with regard to the incident 290 Prime Minister Najib Razak said that Malaysia was unable yet to verify the cause of the crash but that if the airliner was shot down the perpetrators should be swiftly punished 291 The Malaysian government flew the national flag at half mast from 18 July until 21 July 292 Flag at half mast in front of Hoorn city hall during the national day of mourning on 23 July Dutch Prime Minister Mark Rutte and King Willem Alexander voiced their shock at the crash 293 294 and Minister of Foreign Affairs Frans Timmermans joined the Dutch investigation team sent to Ukraine 295 Dutch government buildings flew the flag at half mast on 18 July 296 Music was cancelled and festivities were toned down on the last day of the Nijmegen Marches 297 On 21 July the Netherlands opened a war crimes investigation on the downing of the aircraft and a Netherlands public prosecutor went to Ukraine as part of this investigation Rutte threatened tough action against Russia if it did not help in the investigation 298 On the same day Timmermans spoke at the UN Security Council Meeting after the council had unanimously condemned the shooting down of MH17 299 An increase in negative emotions and somatic complaints was observed in the Dutch population during the first four days after the MH17 crash 300 Australian Prime Minister Tony Abbott said in an address to parliament that the aircraft was downed by a missile which seemed to have been launched by Russian backed rebels 301 Julie Bishop the Australian Minister for Foreign Affairs said in an interview on Australian television that it was extraordinary that her Russian counterparts had refused to discuss the downing of MH17 when the Russian ambassador was summoned to meet her 301 The Russian government was critical of Abbott s response Abbott was one of the first world leaders to publicly connect the shoot down to Russia 302 Abbott later criticised the recovery efforts as shambolic and more like a garden clean up than a forensic investigation Bishop publicly warned separatist forces against treating the victims bodies as hostages 303 Abbott also said in an interview on 13 October 2014 in anticipation of Russia s President Vladimir Putin s attendance at the 2014 G20 summit scheduled for mid November 2014 in Brisbane Australia Australians were murdered They were murdered by Russian backed rebels using Russian supplied equipment We are very unhappy about this 304 Russian President Putin said that Ukraine bore responsibility for the incident which happened in its territory which he said would not have happened if hostilities had not resumed in the south east of Ukraine 6 305 306 At the end of July State Duma deputy Ilya Ponomarev said in an interview for Die Welt that the separatists had shot down the airliner by mistake and that Putin now realised he had supplied the weapon to the wrong people 307 The Danish Institute for International Studies has pointed out to the similarities of Russian reaction to the downing of Korean Airlines flight KAL 007 in 1983 where the USSR initially denied any involvement 308 United States President Barack Obama said the United States would help determine the cause 6 In a press statement White House spokesman Josh Earnest called for an immediate ceasefire in Ukraine to allow for a full investigation 309 Vice president Joe Biden said the aircraft appeared to have been deliberately shot down and offered American assistance for the investigation into the crash 306 American Ambassador to the United Nations Samantha Power called on Russia to end the war 310 The British government requested an emergency meeting of the United Nations Security Council and called an emergency Cobra meeting after the incident 311 312 Chairman of the US Joint Chiefs of Staff Martin E Dempsey said that instead of backing away from supporting the rebels following the shooting down Putin had taken a decision to escalate 313 Organisations A makeshift memorial at Schiphol Airport for the victims of Flight MH17 Memorial for the victims of Flight MH17 located in Vijfhuizen the Netherlands On 17 July the European Union s representatives Jose Manuel Barroso and Herman Van Rompuy released a joint statement calling for an immediate and thorough investigation 314 The EU officials also said that Ukraine has first claim on the aircraft s black boxes 315 The International Civil Aviation Organization announced on 18 July that it was sending its team of experts to assist the National Bureau of Air Accidents Investigation of Ukraine NBAAI under Article 26 of the Convention on International Civil Aviation 316 The United Nations Security Council adopted Resolution 2166 on 21 July regarding an official crime investigation into the incident On 24 July 2014 the ICAO issued a State Letter reminding signatory states of their responsibilities with respect to the safety and security of civil aircraft operating in airspace affected by conflict 317 Memorials After the crash memorial services were held in Australia 318 and in the Netherlands which declared 23 July the day when the first victims arrived in the country a national day of mourning the first since 1962 319 320 The opening ceremony of the AIDS 2014 conference on 20 July of which several delegates had been on board Flight MH17 began with a tribute to the victims of the crash 321 In Malaysia makeshift memorials were created in the capital city of Kuala Lumpur 322 Amongst the victims of flight MH17 were supporters of Newcastle United Football Club John Alder 63 and Liam Sweeney 28 who were travelling to watch the club play a match in New Zealand 323 Newcastle United FC paid tribute to John and Liam with the clubs manager Alan Pardew saying Sometimes when you lose lives in that manner it puts into context what we do This season we want to give their families something to remember them by by having a successful season 324 In 2014 Newcastle United installed the Alder Sweeney Memorial Garden outside their St James Park stadium in memory of John Liam and all those who died on board Flight MH17 325 On 17 July 2017 exactly three years after the crash a memorial in memory of the victims was unveiled in Vijfhuizen the Netherlands The opening of the memorial which is located just outside Schiphol Airport was attended by more than 2000 relatives of victims King Willem Alexander and his wife Queen Maxima Dutch Prime Minister Mark Rutte Minister of Security and Justice Stef Blok and the speakers of the Dutch Senate and House of Representatives The memorial includes 298 trees one tree for each victim 326 On 17 July 2015 a year after the crash sunflowers seeds taken from a field near the crash site were grown in tribute to the 15 residents of Hilversum including three families who were killed 327 Amid the ongoing war Fairfax chief correspondent Paul McGeough and photographer Kate Geraghty collected a keepsake of sunflower seeds from the wreck site for family and friends of the 38 Australian victims which happened to be viable and had therefore germinated 328 Russian media coverageCoverage by the Russian media has differed from coverage in most other countries 19 and has changed significantly over time 18 20 According to Bellingcat these changes have usually been in response to new evidence published by DSB and the investigation team 18 According to a poll conducted by the Levada Center between 18 and 24 July 2014 80 of Russians surveyed believed that the crash of MH17 was caused by the Ukrainian military Only 3 of respondents blamed the disaster on the pro Russian separatists in eastern Ukraine 329 330 331 Researchers said views were influenced by the televisual infosphere 332 In the three days following the incident the Russian Internet Research Agency troll farm posted 111 486 tweets from fake accounts 333 Mostly posted in Russian the tweets initially said the rebels had shot down a Ukrainian airplane but quickly switched to accusing Ukraine of carrying out the attack 334 This is both the largest number of tweets in any 24 hour period and for any topic in the history of the Internet Research Agency IRA 335 Conversely the liberal Russian opposition newspaper Novaya Gazeta shortly after the crash published a headline in Dutch that read Vergeef ons Nederland Forgive Us Netherlands 281 336 337 In July 2014 Sara Firth who had worked as a correspondent with RT for the previous five years resigned in protest at the channel s coverage of the crash which she described as lies 338 339 Initial reactions On the evening of the crash the LifeNews portal reported that at around 16 00 local time the separatists shot down Ukrainian Air Force An 26 transport plane with a missile calling it a new victory for the Donetsk militia 169 340 341 The news was immediately picked up and disseminated by many other news websites and the Russia 24 TV channel 169 Around the same time Leonid Kharchenko who was responsible for the Buk launcher convoy through DPR reported to his commander Sergei Dubinsky that the launcher is on the spot and has already downed one Ukrainian ground attack airplane 265 Shortly after it became evident that it was a civilian aircraft which had been shot down the separatist media denied any responsibility and denied having anti aircraft missiles capable of reaching the cruising altitude of commercial traffic 342 343 344 Claims of shoot down by the Ukrainian Air Force For the first year following the crash Russian state media claimed that a Ukrainian Air Force Su 25 jet had shot down Flight 17 18 Radar data allegedly from Russian air traffic controllers which was leaked to a Moscow newspaper was claimed to be proof that there were Ukrainian military jets near MH17 345 A Ukrainian Air Force deserter later claimed that he had overheard pilots discuss flying close to MH17 when it crashed 346 On 15 November 2014 Russia s Channel One reported on a supposedly leaked spy satellite photo which showed the airliner being shot from behind by a Ukrainian Su 25 fighter jet 347 Many other Russian media reprinted the photo but its authenticity was immediately dismissed as the aircraft were out of scale which indicated poor copy and paste 348 Later it was disclosed that the photo had been initially emailed to the vice president of the Russian Union of Engineers by a self described aviation expert who had found it on a Russian online forum 349 The aviation expert later apologised saying that he was unhappy with how the information had been used 349 In a later interview by magazine The New Yorker Channel One CEO Konstantin Ernst admitted that reporting on the satellite photo was a simple error saying that it was a human mistake not made on purpose 350 On 25 December 2014 Russia s state operated domestic news agency RIA Novosti quoted the leader of the self proclaimed Donetsk People s Republic Alexander Zakharchenko saying he saw MH17 shot out of the sky by two Ukrainian jets 351 352 The claim that the Su 25 downed the Boeing was part of a strategic narrative that Ukraine is responsible and it used altered data as its key deception mechanism 353 As soon as evidence that a surface to air missile and not an air to air missile was used to down the Boeing the Su 25 narrative was changed to one in which MH17 was shot down by a Buk launcher operated by the Ukrainian military 18 354 Debunking The Sukhoi Su 25 is a ground attack aircraft and it is not designed to destroy airplanes 355 356 The claim that the Su 25 could have downed the Boeing 777 with an air to air missile was studied and dismissed by the Joint investigation team JIT Public Prosecution Service and numerous independent experts including chief designer of the Su 25 Vladimir Babak ru arz 357 358 359 360 Public prosecutors concluded that the claim was false 361 362 The only air to air missiles able to shoot down MH17 were either R 33 or R 37 or R 40 missiles and a Su 25 could not carry any of these missiles 363 Vladimir Babak also said that the Su 25 is slower than a Boeing 777 364 and the Su 25 s maximum altitude was 7 kilometres 4 3 mi while MH17 was flying at an altitude of 10 kilometres 6 2 mi 365 Siemon T Wezeman a senior researcher from Stockholm International Peace Research Institute SIPRI and the Popular Science digital magazine also said that it would be technically impossible for a Su 25 to down such a plane 355 357 Aviation engineer Mark Solonin said that the Su 25 does not have an onboard radar and its missiles could not inflict damage similar to that found on Flight 17 366 367 Military and security analyst Lukas Visingr also said that the Su 25 could not shoot down a Boeing 777 356 368 A subsequent presentation of radar data in 2016 by the Russian military no longer showed military aircraft present in the area 18 In March 2022 during the 2022 Russian invasion of Ukraine the Russian Embassy in France again falsely blamed the Ukrainian military for the shootdown 369 Claims of shoot down by a Ukrainian Buk In May 2015 Novaya Gazeta published a report credited to a group of Russian military engineers Based on their analysis of debris and damage patterns on the hull of the aircraft they concluded that the airliner was shot down by a Buk M1 launcher with a 9M38M1 missile They claimed that the missile could not have been fired from Snizhne but was instead fired from Zaroshchenske and that a Ukrainian anti air unit was located there at that time 370 371 In June 2015 the report was the subject of a press conference and was attributed to Mikhail Malisevskiy chief engineer at Moscow headquartered Almaz Antey the Buk missile manufacturer 372 The Security Service of Ukraine said that there were inaccuracies in this version and called part of the report a fake 373 Ukrainska Pravda questioned claims about the Ukrainian anti aircraft unit and stated that Zaroshchenske was under control of pro Russian forces on the day of the shoot down 374 Novaya Gazeta published an analysis also denying the Almaz Antey version 375 which contained interviews with inhabitants of Zaroshchenske who denied claims that Ukrainian forces and Buk launchers were present in the village at that time 376 377 According to Bellingcat Russia s satellite images were from June and showed signs of editing 378 379 Bild described the Russian satellite image as fake 380 On 17 September 2018 Russia s Ministry of Defence held a press conference at which Lt Gen Nikolai Parshin chief of the Missile and Artillery Directorate said that after Dutch investigators displayed parts of the missile and their serial numbers they had studied and declassified archives at the research centre that produced the Buk missiles Parshin said the Russian archives showed that the missile that was made from these parts was transported to a military unit in western Ukraine in 1986 and to Russia s knowledge never left Ukraine Officials also claimed that video evidence presented by the Joint Investigation Team JIT in which the missile that allegedly shot down the airliner was shown being moved from Russia into Ukraine was fabricated 381 382 JIT responded that it had requested details about recovered missile parts from Russia in May 2018 but had received no answer It said information from the Russian Ministry of Defence would be carefully studied as soon as the documents were made available as requested in May 2018 and required by UNSC in 2016 JIT stated it had always carefully analysed information provided by Russia but information presented to the public was inaccurate on several points Russia had given differing accounts over time of how MH17 was shot down for example claiming to have evidence radar images that a Ukrainian fighter fired an air to air missile at MH17 383 384 Conspiracy theories On 18 July Igor Girkin the commander of the Donbas People s Militia was quoted as stating that a significant number of the bodies weren t fresh He followed up by saying Ukrainian authorities are capable of any baseness and also claimed that blood serum and medications were found in the wreckage in large quantities 385 Girkin also claimed that some of the passengers had died a few days before the crash 386 According to the Russian military in what New York magazine called Russia s Conspiracy Theory MH17 was shot down by the Ukrainians using either a surface to air missile or a fighter aircraft 387 388 On 21 July 2014 the Russian Ministry of Defence MoD held a press conference and claimed that satellite photographs showed that the Ukrainian army moved a Buk SAM battery to the area close to the territory controlled by the rebels on the morning of 17 July hours before the crash They said the installation was moved away again by 18 July The Russian MoD also claimed that they had detected a Ukrainian airforce Su 25 and that this ground attack aircraft approached to within three to five kilometres 2 to 3 mi of the Malaysian airliner wreckage 388 In 2015 Bellingcat purchased satellite photos from the same area and time as used by the MoD and demonstrated that the MoD had used older photos May and June 2014 in their presentation and that the presentation had been edited to make a Ukrainian Buk launcher appear as if it had been removed after the attack 389 In the report published by the Dutch Safety Board an air to air missile strike was ruled out 8 The Russian government funded 390 TV network RT initially said that the airliner may have been shot down by Ukraine in a failed attempt to assassinate Vladimir Putin in a plot which was organised by Ukraine s Western backers This was quickly dismissed as Putin s flight route was hundreds of kilometres north of Ukraine 391 392 Other conspiracy theories propagated by Russian pro government media included claims that the Ukrainians had shot down the airliner by mistake drawing parallels to the downing of Siberia Airlines Flight 1812 in 2001 reported in December 2014 393 that Ukrainian air traffic controllers had deliberately redirected the flight to fly over the war zone and that the Ukrainian government had organised the attack to discredit the pro Russian rebels 394 The number of alternative theories disseminated in Russian mass media started growing as the DSB and JIT investigations increasingly pointed towards the separatists 395 In 2017 Dutch newspaper NRC Handelsblad described how false stories about the MH17 crash had been propagated with the support of Christian Democratic Appeal politician Pieter Omtzigt who introduced a Russian speaking Ukrainian man as an eyewitness to the crash on a public expert debate in May 2017 The man who was an asylum seeker from Ukraine did not witness the crash and his speech texted to him by Omtzigt prior to the interview repeated the Russian promoted version that Ukrainian jets downed the Boeing 396 Maps Amsterdam Airport Schiphol Crash site Kuala Lumpur International Airportclass notpageimage Location of departure crash site and destination Amsterdam Airport Schiphol Crash siteclass notpageimage Location of departure and crash site Presumed route ending in an area controlled by pro Russian rebels according to The New York Times 67 i In popular cultureThe shootdown of MH17 is featured in the fourth episode of eighteenth season of the Canadian documentary television programme Mayday in the episode titled Deadly Airspace 397 It is also a major event in Maryna Er Gorbach s film Klondike 398 See alsoList of aircraft accidents and incidents resulting in at least 50 fatalities List of airliner shootdown incidentsPortals Aviation Malaysia Netherlands UkraineNotes MH is the IATA designator The flight was also marketed as KLM Flight 4103 KLM4103 through a codeshare and has been commonly referred to as MH17 Flight 17 or Flight MH17 The aircraft is a Boeing 777 200ER for Extended Range model Boeing assigns a unique customer code for each company that buys one of its aircraft which is applied as an infix in the model number at the time the aircraft is built The code for Malaysia Airlines is H6 hence 777 2H6ER Including 1 dual Canadian Romanian citizen Including 1 dual German Dutch citizen 28 passengers and 15 crew Including 1 dual Dutch Belgian citizen 1 dual Dutch Israeli citizen 1 dual Dutch Italian citizen 1 dual Dutch American citizen 1 dual Dutch Malaysian citizen 27 3 Dutch Vietnamese citizens 28 Including 1 dual British South African citizen 1 dual British New Zealand citizen The family name is Choo as the Chinese name is Choo Jin Leong Chinese 朱仁隆 pinyin Zhu Renlong 37 Therefore he should be addressed by his family name Choo Note that ethnic Malays do not have family names and so they are politely addressed by their given names 3 36 A United States official said the missile that shot down the plane was launched from a region near the towns of Torez and Snizhne 310 See also several mentions of one or both of these towns in the Cause of crash section and elsewhere in this articleReferences a b c d e Miller Nick 29 September 2016 Malaysia Airlines Flight MH17 was shot down from pro Russian rebel controlled territory investigation finds The Sydney Morning Herald a b c d MH17 missile came from Russia Dutch led investigators say BBC News Online 28 September 2016 Retrieved 2 October 2016 a b c d e f g h i j k l m n o p q r s t u v w x y z aa ab ac ad ae af ag ah ai aj ak al am an ao ap aq ar as at au av aw ax ay az ba Crash of Malaysia Airlines flight MH17 Hrabove Ukraine 17 July 2014 PDF Report Dutch Safety Board 13 October 2015 Archived PDF from the original on 13 October 2015 a b c Rankin Jennifer 17 November 2022 Three men found guilty of murdering 298 people in shooting down of MH17 The Guardian Retrieved 17 November 2022 a b c d Mullen Jethro 9 September 2014 Report MH17 hit by burst of high energy objects from outside CNN Retrieved 25 September 2014 a b c Alexander Harriet 17 July 2014 Malaysia Airlines plane 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Kommersant in Russian 24 May 2018 Retrieved 24 May 2018 Netherlands Australia holding Russia accountable for downing of MH17 CBC News The Associated Press 25 May 2018 Retrieved 25 May 2018 MH17 Netherlands Australia hold Russia responsible for downing plane Deutsche Welle 25 May 2018 Retrieved 6 December 2020 Internationale reacties op MH17 Rusland moet verantwoordelijkheid nemen NOS in Dutch 25 May 2018 Retrieved 29 May 2018 Foreign Secretary statement on the MH17 investigation Foreign amp Commonwealth Office 25 May 2018 Retrieved 29 May 2018 Declaration by the High Representative on behalf of the EU on the findings of the Joint Investigation Team on the downing of flight MH17 European Council 25 May 2018 Retrieved 29 May 2018 Die Schuldigen ermitteln Find the culprits Bundesregierung in German 25 May 2018 Retrieved 29 May 2018 Calling Russia To Account for Malaysia Airlines Flight MH 17 United States Department of State 25 May 2018 Retrieved 29 May 2018 Statement by the NATO Secretary General on MH17 investigation NATO 25 May 2018 Retrieved 29 May 2018 St Petersburg International Economic Forum plenary session Kremlin 25 May 2018 Retrieved 29 May 2018 Sipalan Joseph 20 June 2019 Malaysian PM says Russia being made a scapegoat for downing of flight MH17 Reuters Retrieved 5 July 2019 Deutsch Anthony 23 June 2015 Liffey Kevin Chopra Toby eds Exclusive International tribunal looks like best chance for MH17 justice Dutch sources Reuters Retrieved 25 June 2015 Russia rejects calls for UN tribunal to prosecute MH17 suspects The Guardian Agence France Presse 26 June 2015 Retrieved 28 June 2015 Lederer Edith M 20 July 2015 Russia s UN Draft on MH17 Crash Doesn t Call for Tribunal ABC News Associated Press Archived from the original on 22 July 2015 Statement by the minister of Foreign Affairs on MH17 5 July 2017 Government of the Kingdom of the Netherlands Ministry of Foreign Affairs 7 July 2017 Minister of Security and Justice signs MH17 treaty with Ukraine Government of the Kingdom of the Netherlands Ministry of Security and Justice 7 July 2017 Verdrag tussen het Koninkrijk der Nederlanden en Oekraine inzake internationale juridische samenwerking met betrekking tot misdrijven die verband houden met het neerhalen van vlucht MH17 van Malaysia Airlines op 17 juli 2014 Convention between the Kingdom of the Netherlands and Ukraine on international legal cooperation with regard to crimes related to the downing of Malaysia Airlines flight MH17 on 17 July 2014 Tractatenblad van het Koninkrijk der Nederlanden in Dutch 7 September 2018 Legislation Clears Way for MH17 Trials in the Netherlands Bloomberg com Associated Press 21 March 2018 Retrieved 22 March 2018 Dutch court may be allowed to prosecute those involved in MH17 crash by video link UNIAN Retrieved 13 April 2018 Four charged with shooting down MH17 plane BBC News Online 19 June 2019 Retrieved 19 June 2019 Netherlands Public Prosecution Service brings charges against four suspects in MH17 case Ukrinform 3 February 2020 Retrieved 4 February 2020 One of suspects in MH17 case wants to join legal proceedings Ukrinform 4 February 2020 Retrieved 4 February 2020 MH17 trial starts with four accused facing murder charges Al Jazeera 9 March 2020 Retrieved 9 March 2020 Phillips Graham 19 June 2019 MH17 Igor Girkin Strelkov Response to MH17 Accusations YouTube The Arrest of Vladimir Tsemakh and Its Implications for the MH17 Investigation Bellingcat 9 July 2019 Retrieved 31 August 2019 Kreml priznal svoim voditelya Buka Vladimira Cemaha i trebuet obmenyat ego na Sencova The Kremlin recognized the Buk driver Vladimir Tsemakh and demands to exchange him for Sentsov The Insider in Russian 30 August 2019 Retrieved 31 August 2019 a b Gershkovich Evan 7 September 2019 Signaling Readiness for Thaw Russia and Ukraine Swap Prisoners The exchange brings peace talks between the neighboring countries closer analysts say The Moscow Times Retrieved 7 September 2019 a b c Lapin Denis Pavlova Olga Britton Bianca Dean Sarah 7 September 2019 Film director Oleg Sentsov and MH17 suspect among those freed in Russia Ukraine prisoner swap CNN Retrieved 7 September 2019 Olearchyk Roman Foy Henry 5 September 2019 Ukraine court releases man of interest to MH17 probe on bail Move raises speculation he could be part of imminent prisoner swap between Kiev and Moscow Financial Times Retrieved 13 September 2019 a b c Nederland vraagt Rusland om MH17 verdachte Het Openbaar Ministerie heeft Rusland gevraagd MH17 verdachte Vladimir Tsemach uit te leveren Dat liet het OM de nabestaanden van de vliegramp vanmiddag weten Nederland betreurt zeer dat Oekraine de Oekraiense separatist uberhaupt aan Rusland heeft overgedragen The Netherlands asks Russia for MH17 suspect The Public Prosecution Service has asked Russia to extradite MH17 suspect Vladimir Tsemach The OM informed the relatives of the plane crash this afternoon The Netherlands deeply regrets that Ukraine has handed over the Ukrainian separatist to Russia at all AD nl in Dutch 7 September 2019 Retrieved 13 September 2019 Dutch did question MH17 witness before he was returned to Russia minister DutchNews nl 8 September 2019 Retrieved 9 September 2019 MH17 Witness Appeal November 2019 politie nl Retrieved 14 November 2019 MH17 disaster Phone taps show Russia directed Ukraine rebels BBC News 14 November 2019 Retrieved 15 November 2019 a b The MH17 Trial Part 1 New Material From The Four Defendants Bellingcat 20 April 2020 Retrieved 21 April 2020 Magnay Jacquelin 10 March 2020 Russians hacked our MH17 evidence Dutch court hears The Australian Judges in MH17 Trial Allowed to Consider Anonymous Testimony ABC News The Associated Press 23 April 2020 Van Den Berg Stephanie 7 June 2021 Bitter week for families as evidence to be read in MH17 airliner trial Reuters Retrieved 10 June 2021 Corder Mike 7 June 2021 MH17 trial moves to crucial merits phase examining evidence ABC News Associated Press Retrieved 10 June 2021 Prosecution recommends life imprisonment for downing of MH17 Netherlands Public Prosecution Service 22 December 2022 District Court of the Hague 7 March 2022 Summary of the Day in Court Monday 7 March 2022 de Rechtspraak MH17 verdicts 2 Russians 1 Ukrainian convicted of murders AP News 17 November 2022 Retrieved 17 November 2022 ECLI NL RBDHA 2022 12216 Rechtbank Den Haag 09 748005 19 in Dutch 17 November 2022 retrieved 17 November 2022 a b MH17 disaster Dutch take Russia to European rights court BBC News 10 July 2020 Retrieved 10 July 2020 a b The Netherlands brings MH17 case against Russia before European Court of Human Rights Government of the Kingdom of the Netherlands Ministry of Foreign Affairs 10 July 2020 Retrieved 10 July 2020 Australia and the Netherlands launch legal action against Russia over MH17 disaster the Guardian 14 March 2022 Toler Aric 20 December 2017 British Intelligence Report Confirms Russian Military Origin of MH17 Murder Weapon Bellingcat Retrieved 21 December 2017 ISCP Annual Report 2016 2017 PDF Intelligence and Security Committee of Parliament 20 December 2017 Archived PDF from the original on 17 October 2018 a, wikipedia, wiki, book, books, library,

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