Elmar Giemulla says the responsibility of the Ukrainian government is beyond all doubt
Tue, Aug 2, 2016
The 4th episode of MH17 Inquiry poses a pertinent question: who is legally
responsible for the destruction of Malaysian airlines flight 17?
An expert in the field of aviation law, Prof. Elmar Giemulla, says the answer is
easy: Ukraine.
Regardless of who actually pulled the trigger, Ukraine is a sovereign state, and
as such, assumes all rights and responsibilities for controlling the airspace
above its territory.
Under Article 9 of the Chicago Convention of 1949, to which Ukraine is a
signatory, it is the responsibility of governments, in the event of armed conflict
within their territory, to close the airspace above the conflict zone.
Not only did Ukraine fail to do this, Ukrainian air traffic control - whether
through negligence or intention - directed MH17 to fly over Donbass where it
met its terrible end.
Prof. Giemulla is representing the families of 3 German citizens killed on the
airliner in their claims against Ukraine for failing to safeguard MH17.
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