Five member states of JIT are preparing a hybrid tribunal on MH17
The United Nations Security Council did not accept a resolution brought in by Malaysia to setup a tribunal on MH17 because Russia used its veto power.
Initially Ukraine minister of Foreign Affairs told after Russia’s veto that a new meeting of the UN Security Council on a resolution to establish an international criminal tribunal will be held in two months after the announcement of the results of the investigation (source)
Apparenty the opinion has changed and now Plan B is being prepared. According to the vice-minister of Foreign Affairs of Ukraine, Jelena Zerkal, the five states which are member of the Joint Investigation Team are now preparing a so called hybrid tribunal.
At Augst 16 also Malaysia confirmed countries are working on an international court. Minister of Transport Datuk Seri Liow Tiong Lai confirmed this to Tass. An alternative is starting a court case in International Criminal Court. Malaysian tv-station Astroawani reports about the statements of the minister here.
Bringing the case to the ICC seems to be Plan C. Malaysia did not sign the Rome Statue which is the rulebook for ICC. Probably because the law executed by ICC is not according the Sharia law of Malaysia. Malaysia is known for having its own international courts. Also Malaysia believes the ICC costs too much and hardly comes to a punishment.
Experts of the 5 states (the Netherlands Ukraine, Australia, Belgium and Malaysia) will be meeting end of August or begin September to prepare the tribunal reports Sputnik. Sputnik based its newsreport in with independant Ukraine TV station HromadskeTV. Zerkal said that the hybrid tribunal will require support of the United Nations Security Council.
Bring MH17 to the ICC is probably plan C. Malaysia did not sign the Rome Statute which describes the ICC
Such a hybrid tribunal was created earlier in the case of the prosecution of the killer(s) of Prime Minister Hariri of Lebanon. Other examples of hybrid tribunals are the Special Court for Sierra Leone and the Extraordinary Chambers in the Courts of Cambodia (ECCC).
For the hybrid tribunal with the mandate to prosecute the culprits of the MH17 shot down does not apply international criminal law, but rather Ukraine criminal law.
The hybrid tribunal will have a mix of international and Ukraine judges.
The Netherlands will be chairman of the EU in first half 2016. The Netherlands can put pressure on Russia to cooperate with such a hybrid tribunal. If not the Netherlands can request other EU members to increase santions to Russia. (source)
The average time between requesting UN for a tribunal and start is aroud 4-6 years.
According an the expert, such a court could be established by agreement between the countries, which are part of the Joint Investigation Team (JIT), and the United Nations. If the agreement is not ratified, the General Assembly might grant the right to sign it to the UN Secretary General.
Read more on UNIAN
This news has not been picked up by any other news station or newspaper than Sputnik.
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Interesting, I thought they would try for a vote one more time in the UNSC again before they attempted this.
I read it from a few different sources they were planning to continue to press the issue, but not sure the way they would do it.
I did not think they would just let One Vote and One Veto go and do nothing else.
I expected them to give Ambassador Churkin one more try to give the Russian population satisfaction since all the ‘news’ they have is is that Ukraine is guilty and no doubt of that.
They think a Tribunal will get to the bottom of it and they want it, regardless of what Churkin states.
Lawyers and Politicians, one creates laws and the others interpret it to make the Politicians happy.
Be interesting if they push the Tribunal through the General Assembly.
I think they have the votes, but how binding it can be is the question.
The Kremlin likes to flick its nose at International Law right now.
I cannot wait to see how it plays out.
Thanks for keeping us informed.
Fare thee well
a few additional resources for the record can be found in the links of these two articles.
Some point to identical to your article admin, some to additional different articles.
http://www.novayagazeta.ru/news/1695916.html
http://www.pravda.com.ua/news/2015/08/16/7078011/
An article where it describes the Dutch Foreign Ministry presenting the idea to the media on July 30, 2015.
http://in.reuters.com/article/2015/07/30/ukraine-crisis-mh17-dutch-idINKCN0Q41RA20150730
Fare thee well