[ikalugin]

Originally Posted by Skybird

While some people may tend to focus on the moral justice argument and how great it is that the small, tiny Netherlands dare to confront big, powerful Russia, I think the Netherlands go for high risk here. Charging the four suspects, in absence, for murder, means they have to prove that the intentional and explicit decision was made and carried out to bring down this plane and intentionally, explicitly killing these people aboard. Because the intention to kill these now dead victims is what separates murder from any form of accident or misjudgement in whatever a sense (mistaking this wrong plane for a valid target: another plane). And I think it will be terribly hard to prove this intention. It already starts with the question for the motive. Cui bono? Ironcially, the answer to this question would be: the Ukraine. Neither the rebels nor Russia could have had an interest for the PR desaster this incident meant for them - but the Ukraine.

The likelihood is quite high that either they must give up these charges, letting the state attorney looking bad then, or that they must construct a fictional case to work beyond the impossibility to prove by evidence the intention that MH317 indeed was the target and was decided on to be shot down, and then again the Netherlands and the attorney would look bad.

So I wonder whether they maybe have bitten off more than they could chew here - just so to feel morally good themselves. And that the Russians will not cooperate in any way, can be taken for granted.

My opinion is that they are already building a fictional political case. That said - the choice of those 4 persons is interesting, as they do not seem to expose Russian authorities.