Prosecutor: MH17 "undeniably" downed by Buk missile

Malaysia Airlines flight MH17 was "undeniably" downed by a Buk missile over eastern Ukraine on July 17, 2014. The Public Prosecution Service (OM) is convinced of this, and explained in detail how it came to that conclusion on Tuesday during the second day of its final argument in the trial at the extra-secure courthouse near Schiphol Airport.

Forensic research into 370 fragments found in victims' bodies, for example, has shown that they originated in a Buk missile warhead. There were also several witnesses to an explosion, including those who remained anonymous. One of them, crying in testimony in front of an examining magistrate, stated that the Russian-backed Ukrainian separatists were very happy at first, but later returned from the crash site sullen. According to the witness, when they saw children's toys, they realized that they had not hit a military plane, but a passenger jet.

The presentation of the indictment should culminate on Wednesday with sentencing demands against the four suspects who, according to the OM, were involved and responsible for the plane crash. The Boeing 777 departed Amsterdam with Kuala Lumpur as its destination. All 298 people on board were killed, including many Dutch people. The Public Prosecution Service suspects the men of murdering all passengers, among other charges.

The suspects are rebel leader Igor Girkin, his right-hand man Sergei Dubinsky, his assistant Oleg Pulatov and garrison commander Leonid Khartshenko. None of them have appeared in court; only Pulatov is represented by counsel.

According to the Public Prosecution Service, the men played a role in bringing the Buk missile launcher into the area where it was fired, or removing it. "All four played a guiding, military role," said the public prosecutor.

He spoke of a "closely cooperating group of perpetrators" that was aimed at bringing down the aircraft. "The fact that they did not press the button themselves is not legally relevant, according to the OM. "Anyone who organizes, facilitates and discusses a crime with enthusiasm afterwards is criminally responsible for that crime." The men themselves deny any involvement.

It is not known exactly why the plane was shot down. The most likely scenario is that the pro-Russian separatists did not realize it was a passenger flight. At that time, an armed struggle was underway in eastern Ukraine. The court does not expect to be able to make a decision before the second half of 2022.