There are a number of factors about the MH17 crash site which complicate investigations.
THE NORMAL PROCEDURE
Under the Convention on International Civil Aviation, jurisdiction over airline crash investigations resides with the country where wreckage lands. Most United Nations member states, including Russia and Ukraine, are signatories to the convention. MH17 crashed in Ukraine, meaning Ukraine has immediate jurisdiction.
THE PROBLEMS
MH17 fell in eastern Ukraine, in a region controlled by pro-Russian separatist militias. The White House has expressed concern that pro-Russian forces might tamper with the crash site in a bid to cover up responsibility. Australia has urged separatists to cooperate with any investigation. The nature of the investigation may also depend on whether the crash was an accident or, as evidence suggests, a deliberate attack.
WHAT’S HAPPENED SINCE THE CRASH
Monitors from the Organisation for Security and Co-operation in Europe (OSCE), who are not forensic experts, were denied full access to the debris field by the rebels who control the area. Members of Ukraine’s Emergency Situations Service had also reached the scene, but rebels were complicating their recovery efforts. On Sunday a Ukrainian rebel leader said they would guarantee the safety of international monitors at the MH17 crash site if Kiev agreed to a truce.
WHAT AUSTRALIA WANTS
Prime Minister Tony Abbott says Australia will work in the United Nations Security Council for a binding resolution establishing a “full and impartial investigation” with full access to the crash site, debris, black box, and any individuals who might be involved. He’s also expressed his dismay at the “chaotic” crash site. “It is very important that we have a thorough investigation and it’s critical that those resonsible for this heinous crime are brought to justice.”
WHAT HAPPENS NEXT
The United Nations Security Council has the power to pass a resolution, binding for all member states, establishing an independent investigation. Professor Ben Saul, an international law expert at the University of Sydney, says this kind of investigation, leading to bringing people to justice, is something it has done before. For instance, the council required Libya to hand over suspects in the 1988 Lockerbie plane bombing.
UNCERTAINTY
Russia, which has supported separatist forces in eastern Ukraine, has veto power in the Security Council, meaning it can block a binding resolution establishing an investigation. Prime Minister Abbott told parliament the government was seeking assurances that Russia will fully cooperate with investigation efforts. Professor Saul said it is difficult to predict how Russia will act.
