19:29 13.10.2015

Diplomats discussing establishing hybrid tribunal on MH17 crash - Kyiv

2 min read
Diplomats discussing establishing hybrid tribunal on MH17 crash - Kyiv

The possibility of creating a so-called hybrid tribunal to investigate the downing of the Malaysia Airlines flight MH17 over Donbas is being discussed, Deputy Foreign Minister of Ukraine for European Integration Olena Zerkal has said.

"A discussion of another option is currently underway - the establishment of a hybrid tribunal," Zerkal said at a press conference in Kyiv on Tuesday.

She said that in the summer the UN Security Council failed to pass a decision to establish a full-fledged tribunal due to Russia's veto.

"It is unlikely that even with the results of the technical investigation and the criminal investigation it will be possible to overcome this veto. That is why we are looking for other options, and there may be a hybrid tribunal," Zerkal said.

At the same time, according to her, this hybrid tribunal will not be able to answer the question, "how to bring Russian citizens [responsible for the tragedy] to account," because it will be created without a UN resolution.

Zerkal explained that Russia will not be bound to cooperate with the tribunal if it is set up without a resolution of the UN Security Council.

"That's why consultations continue, and it is clear that now there are several options, but they do not solve the issue of holding Russia to account," she said.

The deputy foreign minister also said that this case may fall within the scope of the International Convention for the Suppression of Financing of Terrorism.

"That's why as part of our negotiations with Russia regarding the application of the Convention for the Suppression of Financing of Terrorism, we also consider this case as a terrorist attack that occurred on the territory of Ukraine with a weapon, which was provided by the Russian side. And thus this case is covered by the Convention for the Suppression of Financing of Terrorism," she stressed.

She also noted that the mechanism for dealing with lawsuits connected to the MH17 crash in the International Criminal Court is absent.

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