More on MH 17

Everyone knows that Malaysian airliner flight MH 17 that overflew Eastern Ukraine was brought down by a missile. We also know that previously the western Ukrainian forces had been carrying out bombing raids on the Eastern break-away province, and had lost at least one aircraft to ground missiles. Under the circumstances, some may think that it was totally foolhardy to fly over the area, and also Ukraine should have closed its air space to commercial flights. Mistakes happen, and the eastern forces obviously had missile defences.

However, international investigators have filed charges in a Dutch court, alleging four defendants committed murder. One defendant is Igor Girkin, a former FSB colonel, and at the time the Minister for Defence for the self-proclaimed Donetsk People’s Republic. Exactly how he is linked as a murderer is hard to tell at this stage because he would not have been present at the firing of the missile, and apart from the fact he is a rebel in Kyiv’s eyes, his role as Defence Minister does not seem to be that evil. There is no evidence so far he ordered such an aircraft to be brought down. The fact that he was organising a defence against the bombing of civilians brings international justice to an interesting point: what criteria have to be met for a rebellious zone to claim it is self-governing? If people are being bombed, do they have the right to defend themselves? What say you?

The next two defendants were Sergei Dubinsky and Oleg Pulatov. According to the New York Times article, they worked under Girkin and had been agents of the GRU, which was implicated in interfering with the US election. Talk about guilt by association. The fourth, Leonid Kharchenko is Ukrainian and was apparently a leader of a separatist combat unit. Just maybe he was associated with the event. So far there is no evidence produced that any of these four were anywhere near the missile launch, but of course they may have some evidence and are leaving it for the trial. The basis of Girkin’s charges appears to be that he made a phone call (intercepted) to Russia asking for antiaircraft defence material. If you are a Minister for Defence, and you are being bombed, is that an unreasonable thing to ask for? According to the Dutch prosecutor, they are “just as punishable as the person who committed the crime.” They are also charged with obtaining the missile with the intent to “shoot down a plane”. Well, that is a surprise. Why else would they obtain missiles? Presumably, the Dutch have no missiles, or they would be criminals too.

There is also the question of where the missile came from. Originally, of course, it came from Russia, and it is agreed by all involved that it was a Buk missile. The investigative team said it is “convinced” the missile came from the Russian army’s 53rd anti-aircraft missile brigade based in Kursk. The Russians deny that. They also point out that the outer casing of the missile has been recovered, and the manufacturing number is clearly identifiable. According to the BUK factory, that missile was shipped to Ukraine during the old Soviet Union. It should also be noted the missile is obsolete, and a modern unit of the Russian army would not have them. It is well established that Ukraine had a major arsenal in Eastern Ukraine, so maybe it came from there, but even if Russia supplied arms, then what?

The Dutch prosecutor has also accused Russia of providing no assistance to this case. Apparently, providing shipping details of the missile that does not fit the charges is “of no assistance”. That says something about the nature of the charges. Interestingly, the premier of Malaysia has also denounced the charges, saying “so far, there is no proof, only hearsay”. Malaysia is part of the investigation, and of course it was its aircraft that was brought down.

The case is confused because the Joint Investigative Team is trying to identify two men who were overheard in intercepted communications discussing the movements of a convoy the day before the attack. The team also admits there is no evidence these calls have anything to do with MH 17. This is relevant to the alleged “Russian obstruction”. Apparently, the GRU were supplied with questions demanding to know whether certain people were GRU officers and where they have been moving. I can just see The CIA giving details of who their agents are and what they have been doing.

So where does all this leave us? The current position seems to be that the accused could be linked to arms procurement. Does that make it a crime to supply arms that end up killing civilians? What about those supplying arms to those bombing Yemen? So far, at least 70,000 dead, but the Dutch don’t seem to find that exceptional. If it is a crime to shoot down an airliner, what happened to the US Navy officers that shot down an Iranian civilian aircraft some time ago? The short answer was the US regarded that as an accident, and I am reasonably convinced the US officers taking part in this would not have intended to kill civilians. They made an error, despite being extremely well-trained and having the best equipment available. So why is it not possible that Ukrainian irregulars, with little military training, could not make the same sort of mistake? My view is simple: do not fly over war zones where it is known the defenders are being bombed, and have anti-aircraft missiles. This trial, if it ever takes place, will be simply political. The defendants will be absent, which makes the whole point ridiculous, other than, maybe, to make the Dutch feel good. Then again, maybe that is a benefit.