War crimes of targeting civilians: examining the downing of Malaysian Airliner MH-17

The downing of Malaysian Airliner MH 17 is not the first time of shooting down a civilian airliner. There were several other cases where civilian aeroplanes carrying passengers were shot down. The case of MH 17 is the recent incident that attracts condemnation from the international community. MH...

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Main Authors:	Ishan Jan, Mohammad Naqib, Haruna, Abdulrashid Lawan
Format:	Conference or Workshop Item
Language:	English English
Published:	2014
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/40591/ http://irep.iium.edu.my/40591/ http://irep.iium.edu.my/40591/2/my_conf_paper%2C_The_downing_of_Malaysian_Airliner_MH_17_%282%29.pdf http://irep.iium.edu.my/40591/5/www_iium_edu_my_conference_international-conference-law-order-criminal-justice_page_parallel-sessions-presentation.pdf

id	iium-40591
recordtype	eprints
spelling	iium-405912018-06-11T02:48:47Z http://irep.iium.edu.my/40591/ War crimes of targeting civilians: examining the downing of Malaysian Airliner MH-17 Ishan Jan, Mohammad Naqib Haruna, Abdulrashid Lawan K Law (General) The downing of Malaysian Airliner MH 17 is not the first time of shooting down a civilian airliner. There were several other cases where civilian aeroplanes carrying passengers were shot down. The case of MH 17 is the recent incident that attracts condemnation from the international community. MH 17 was shot down within the territorial air space of Ukraine, an area under the control of the separatists who are fighting against the government of Ukraine. It is alleged that the airliner was downed by the separatists who are enjoying the support of the Russian government. The same accusation is levied against the Ukrainian government. Thus the article examines the shooting down of the Malaysian airliner MH 17 and determines who is responsible for the heinous crime. It examines whether the conflict in Ukraine amounts to an armed conflict under international humanitarian law (IHL) which can be linked with the downing of MH 17. The article further examines the probable responsibility and jurisdictional problems to be faced in prosecuting the crime of shooting down MH 17 and the possible claims for compensation to the victims’ family. The article posits that the situation in Ukraine is indeed an armed conflict and the shooting down of Malaysian airliner MH 17 constitutes a war crime of targeting civilians as envisaged under the Statute of the International Criminal Court (ICC). The jurisdictional problems in prosecution of the crime may be addressed by invoking universal jurisdiction. It is recommended that an international criminal investigation should be launched on the downing of MH 17 in order to find the culprits responsible for the crime for the purpose of subsequent prosecution for war crimes. 2014-11 Conference or Workshop Item NonPeerReviewed application/pdf en http://irep.iium.edu.my/40591/2/my_conf_paper%2C_The_downing_of_Malaysian_Airliner_MH_17_%282%29.pdf application/pdf en http://irep.iium.edu.my/40591/5/www_iium_edu_my_conference_international-conference-law-order-criminal-justice_page_parallel-sessions-presentation.pdf Ishan Jan, Mohammad Naqib and Haruna, Abdulrashid Lawan (2014) War crimes of targeting civilians: examining the downing of Malaysian Airliner MH-17. In: International Conference on Law, Order and Criminal Justice 2014, 19th-20th November 2014, Kuala Lumpur. (Unpublished) http://www.iium.edu.my/conference/international-conference-law-order-criminal-justice
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English English
topic	K Law (General)
spellingShingle	K Law (General) Ishan Jan, Mohammad Naqib Haruna, Abdulrashid Lawan War crimes of targeting civilians: examining the downing of Malaysian Airliner MH-17
description	The downing of Malaysian Airliner MH 17 is not the first time of shooting down a civilian airliner. There were several other cases where civilian aeroplanes carrying passengers were shot down. The case of MH 17 is the recent incident that attracts condemnation from the international community. MH 17 was shot down within the territorial air space of Ukraine, an area under the control of the separatists who are fighting against the government of Ukraine. It is alleged that the airliner was downed by the separatists who are enjoying the support of the Russian government. The same accusation is levied against the Ukrainian government. Thus the article examines the shooting down of the Malaysian airliner MH 17 and determines who is responsible for the heinous crime. It examines whether the conflict in Ukraine amounts to an armed conflict under international humanitarian law (IHL) which can be linked with the downing of MH 17. The article further examines the probable responsibility and jurisdictional problems to be faced in prosecuting the crime of shooting down MH 17 and the possible claims for compensation to the victims’ family. The article posits that the situation in Ukraine is indeed an armed conflict and the shooting down of Malaysian airliner MH 17 constitutes a war crime of targeting civilians as envisaged under the Statute of the International Criminal Court (ICC). The jurisdictional problems in prosecution of the crime may be addressed by invoking universal jurisdiction. It is recommended that an international criminal investigation should be launched on the downing of MH 17 in order to find the culprits responsible for the crime for the purpose of subsequent prosecution for war crimes.
format	Conference or Workshop Item
author	Ishan Jan, Mohammad Naqib Haruna, Abdulrashid Lawan
author_facet	Ishan Jan, Mohammad Naqib Haruna, Abdulrashid Lawan
author_sort	Ishan Jan, Mohammad Naqib
title	War crimes of targeting civilians: examining the downing of Malaysian Airliner MH-17
title_short	War crimes of targeting civilians: examining the downing of Malaysian Airliner MH-17
title_full	War crimes of targeting civilians: examining the downing of Malaysian Airliner MH-17
title_fullStr	War crimes of targeting civilians: examining the downing of Malaysian Airliner MH-17
title_full_unstemmed	War crimes of targeting civilians: examining the downing of Malaysian Airliner MH-17
title_sort	war crimes of targeting civilians: examining the downing of malaysian airliner mh-17
publishDate	2014
url	http://irep.iium.edu.my/40591/ http://irep.iium.edu.my/40591/ http://irep.iium.edu.my/40591/2/my_conf_paper%2C_The_downing_of_Malaysian_Airliner_MH_17_%282%29.pdf http://irep.iium.edu.my/40591/5/www_iium_edu_my_conference_international-conference-law-order-criminal-justice_page_parallel-sessions-presentation.pdf
first_indexed	2023-09-18T20:58:15Z
last_indexed	2023-09-18T20:58:15Z
_version_	1777410449973706752

War crimes of targeting civilians: examining the downing of Malaysian Airliner MH-17

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