Jurisdiction and Combatant’s Privilege in the MH17 Trial: Treading the Line Between Domestic and International Criminal Justice

Abstract This article focuses on the MH17 Trial that is currently underway in Netherlands, dealing with shooting down of a civilian aircraft over Eastern Ukraine and resulting deaths all 298 persons board. Two legal questions arising from prosecutorial strategy to charge four accused ‘ordinary’ crimes under Dutch Criminal Code—instead war crimes—are studied here. First, jurisdictional basis which District Court The Hague trying , its effect applicable laws, examined. It argued that, contrary what Prosecution has submitted, jurisdiction killing 93 non-Dutch nationals board flight can only be established less known title delegated (representative) jurisdiction: conclusion also brings certain requirements. Second, this paper analyzes way Prosecutor defined notion ‘combatant’s privilege’ international humanitarian law his arguments for rejecting combatant status separatist armed forces shot Ukraine. All analysis then used explain why it was indeed more sensible murder intentionally causing an crash criminal law, than law.