BY WILLIAM LEONG JEE KEEN, MP SELAYANG
I extend my deepest condolences to the families and friends of the 280 passengers and 15 crew on board MH17 that was reportedly shot down by a missile at the border of Ukraine and Russia.
The governments of Ukraine and Russia must carry out an in-depth investigation and bring to justice those responsible for this tragic incident.
The claim by those responsible that the airplane was flying over a war zone is not acceptable. It is a violation of Article 3 of the Geneva Convention that civilians and non-combatants are not to be attacked even in an open war and it is a war crime to shoot down MH17 or any other commercial airline.
The shooting down of a commercial airliner carrying passengers not involved in the conflict is a senseless and cowardly act. The killing of the passengers is murder.
This mindless attack violates the Montreal Protocol of May 10, 1984 which provides that the contracting States recognize that every State must refrain from resorting to the use of weapons against civil aircraft in flight and in the case of interception, the lives of persons on board and the safety of the aircraft must not be endangered.
The Montreal Protocol of May 10, 1984 was adopted after Soviet missiles shot down Korean Airlines flight 007 killing all 269 passengers and crew. The subsequent shooting down of Iran Air flight 655 by an American warship on July 3, 1988 where all 290 passengers and crew perished following outbreaks of hostilities between Iraq and Iran, and the present shooting down of MH17 shows that the International Civil Aviation Organization (ICAO) and the international community must take appropriate steps to ensure the safety of the airspace in Ukraine and Russia to prevent another tragedy.
The Ukrainian government must carry out its duties and international responsibilities to bring those responsible to justice even though the persons that attacked the airplane are rebels. In the International Court of Justice, Case Concerning United States Diplomatic and Consulate Staff in Tehran, ICJ Reports (1980), the Iranian government was held responsible for the seizure of the United States diplomatic and consulate staff carried out by militants.
The Russian government must also investigate and take action against those responsible for assisting the rebels in this incident. In the International Court of Justice case of Nicaragua v The United States of America, ICJ Reports (1986), the ICJ held that the United States government responsible for supporting the Contras in their rebellion against the Nicaraguan government.
The Malaysian government must call on the Security Council of the United Nations to urge all parties to the Chicago Convention of 1944 on International Civil Aviation to observe the international rules and practices concerning the safety of civil aviation to avoid a similar occurrence and to hold those responsible to account for the tragedy.