The downing of MH17, the 298 people lost, and the global frenzy that followed: A Dutch head investigator’s reflections

THE HAGUE, July 16 — The quest for justice remains a poignant and unresolved issue for many people related to the passengers and crew of Malaysia Airlines Flight MH17 that was downed by a missile mid-flight over Ukraine while en route from Amsterdam to Kuala Lumpur on July 17, 2014.

In 2022, a Dutch court sentenced three men to life imprisonment in absentia, for their roles in downing the plane and killing everyone on board.

They were also ordered to pay over €16 million in compensation to the victims’ families.

However, the trio — Russians Igor Girkin and Sergey Dubinskiy, and Ukrainian Leonid Kharchenko — remain at large.

And so the Dutch government has stepped in to provide initial compensation to the bereaved families.

On the eve of its 10th anniversary, Digna Van Boetzelaer, a former deputy public prosecutor who is now head prosecutor of North Holland and coordinator of the Joint Investigation Team (JIT), speaks to the Malaysian press about the challenges and progress made in this very international and complex case.

Debris from Flight MH17 lies on the ground near the village of Rozsypne in the Donetsk region, Ukraine, on July 18, 2014. The 10th-year memorial is being observed this week for those on board who died on July 17, 2014 when the Malaysia Airlines plane was downed over Ukraine. — Reuters pic

Who is responsible

“The core part of the investigation suggests Russia was responsible,” Van Boetzelaer said in an interview here.

She said one of the key pieces of forensic evidence included a unique “bowtie” fragment from a BUK missile warhead found in the MH17 captain’s body (which captain? There were 2: Wan Amran Wan Hussin, 49; or Eugene Choo Jin Leong, 44)

The BUK is a family of self-propelled, medium-range surface-to-air missile systems developed back in the 1970s by the then Soviet Union, and is still used by the Russian Federation today.

“This particle, which is exclusive to Russian-made warheads, was crucial in confirming the missile’s origin,” Van Boetzelaer explained.

She said witness testimonies gathered from Russia corroborated the investigation into the downing of MH17.

“One witness saw the missile being launched, while others noticed track marks of the BUK passing through their neighbourhoods," she added.

Van Boetzelaer recalled that intercepted communications also played a vital role.

“We intercepted a call where Russians initially celebrated a successful ‘hit’, only to express shock upon realising they had downed a civilian aircraft,” she said.

Accidental or deliberate shooting of missile?

Van Boetzelaer said the court concluded that the shooters did not intend to target a civilian aircraft, but added that this does not absolve them of the responsibility for murder.

“They were engaged in an illegal war and took a significant risk by deploying a weapon capable of reaching civil airspace, from a hill under a civil highway.

“They should know that there are still civil planes flying in the airspace. That's why they are criminals. they deliberately took the risk. So, the risk of it hitting a civilian airplane existed,” she said.

She said although civilian aircraft were instructed to fly at higher altitudes due to the conflict, there were no directives to completely avoid the airspace.

A photograph of MH17 flight chief attendant Azrina Yakob is placed on a table at her home in Sungai Pelek, Selangor. A 10th-year memorial is being observed this week for those on board who died on July 17, 2014 when the Malaysia Airlines plane was downed over Ukraine. — AFP pic

Will the trio ever be jailed?

Van Boetzelaer said the trio were tried and convicted in absentia and only one had legal representation, but stressed: “The verdict is irrevocable”.

“We cannot request Russia to extradite them, but if they travel outside Russia, they can be immediately apprehended,” she said.

She added that Interpol has been notified to detain these individuals if they are ever found beyond Russian borders.

Van Boetzelaer is also optimistic that “a regime change in Russia might open up possibilities for negotiations”.

“We are patient and will continue our pursuit of justice. I don’t know if regime change is enough but I always think maybe there will be a moment in time when things will change, and what’s important is that we are in no hurry as investigators, and we will be here waiting.

“We are an institute, we have patience. That is our power. What I’m sure of this won’t be forgotten, it will always be in our DNA,” she said.A solemn ceremony will be held at the memorial park near Schiphol Airport, the departure point of Flight MH17 tomorrow on the 10th anniversary of its downing.

This gathering will serve not only as a commemoration of those who perished but also as a reaffirmation of the commitment to seek justice and hold those responsible accountable.

The event will feature speeches, moments of silence, and the unveiling of new memorials to honour the victims.