Malaysia Airlines Flight 17

For the aircraft that disappeared over the Indian Ocean in 2014, see Malaysia Airlines Flight 370.
Malaysia Airlines Flight 17

9M-MRD, the aircraft shot down, photographed in October 2011
Shootdown summary
Date 17 July 2014
Summary Airliner shootdown
Site Near Hrabove, Donetsk Oblast, Ukraine
48°8′17″N 38°38′20″E / 48.13806°N 38.63889°E / 48.13806; 38.63889Coordinates: 48°8′17″N 38°38′20″E / 48.13806°N 38.63889°E / 48.13806; 38.63889
Passengers 283
Crew 15
Fatalities 298 (all)
Survivors 0
Aircraft type Boeing 777-200ER
Operator Malaysia Airlines
Registration 9M-MRD
Flight origin Amsterdam Airport Schiphol
Destination Kuala Lumpur International Airport

Malaysia Airlines Flight 17 (MH17/MAS17)[lower-alpha 1] was a scheduled international passenger flight from Amsterdam to Kuala Lumpur that was shot down on 17 July 2014, killing all 283 passengers and 15 crew on board.[2] Contact with the Boeing 777-200ER airliner was lost about 50 km (31 mi) from the Ukraine–Russia border, and it crashed near Torez in Donetsk Oblast, Ukraine, 40 km (25 mi) from the border.[3] The crash occurred during the Battle in Shakhtarsk Raion, part of the ongoing war in Donbass, in an area controlled by the Donbass People's Militia.[4] The crash is the deadliest airliner shootdown, and was Malaysia Airlines' second aircraft loss during 2014.[5]

In October 2015, the Dutch Safety Board (DSB) concluded that the airliner was downed by a Buk surface-to-air missile launched from pro-Russian separatist-controlled territory in Ukraine.[6][7] In September 2016, the Dutch-led Joint Investigation Team (JIT) confirmed the missile type which had downed the aircraft and said that the Buk missile system had been transported from Russia on the day of the crash, fired from a field in a rebel controlled area and returned to Russia after the Buk was used to shoot down MH17. The JIT had established the identities of approximately 100 people, witnesses or suspects, who were linked to the transporting of the Buk, but said that their evidence "must stand before a court".[8]

The DSB and JIT findings confirmed earlier claims by American and German intelligence sources and the Ukrainian government as to the missile type and launch area. In 2014, Ukraine and US intelligence had also said that Russia had supplied the Buk missile to pro-Russian insurgents, who had mistakenly shot down the aircraft.[9][10][11][12] Also in 2014, German intelligence sources reported that they believed insurgents had stolen the missile from the Ukrainian military.[13][14][15]

Russian government sources initially claimed that the aircraft was being followed by a Ukrainian military jet at the time of the shootdown[10] and later that Ukraine was responsible since the crash had happened in Ukrainian airspace.[16] Several theories about the crash have since appeared in Russian media, and as of September 2016 the Russian government continues to deny responsibility for the crash.[8]

Immediately after the crash, a post appeared on the VKontakte social media profile attributed to Russian Colonel Igor Girkin, leader of the Donbass separatist militia, claiming responsibility for shooting down an AN-26 near Torez,[17] but later the same day the separatists denied involvement and the post was removed.[18][19][20] In late July 2014, communications intercepts were made public in which, it is claimed, separatists are heard discussing an aircraft that they had downed and later, their realisation that it was a civilian aircraft.[21][22][23]

Between November 2014 and May 2016, UK-based investigative collective Bellingcat made a series of allegations, based on their examination of photos in social media and other open-source information. Bellingcat said that the launcher used to shoot down the aircraft was unit 332 of the Russian 53rd Anti-Aircraft Rocket Brigade based in Kursk, Russia, which, they said, had been transported from Donetsk to Snizhne and was controlled by separatists in Ukraine on the day of the attack.[24][25][26][27][28]

In July 2015, Malaysia proposed that the United Nations Security Council set up an international tribunal to prosecute those deemed responsible for the downing of the plane. The Malaysian resolution gained a majority on the Security Council, but was vetoed by Russia.[29][30]

Aircraft

Flight 17 was operated with a Boeing 777-2H6ER,[lower-alpha 2] serial number 28411, registration 9M-MRD.[6]:30 The 84th Boeing 777 produced, it first flew on 17 July 1997, exactly 17 years before the incident, and was delivered new to Malaysia Airlines on 29 July 1997.[31] Powered by two Rolls-Royce Trent 892 engines and carrying 280 seats (33 business and 247 economy), the aircraft had recorded more than 76,300 hours in 11,430 cycles before the crash.[6]:30 The aircraft was in an airworthy condition at departure.[6]:31

The Boeing 777, which entered commercial service on 7 June 1995, has one of the best safety records in commercial aircraft.[32] In June 2014 there were about 1,212 aircraft in service, with 340 more on order.[33]

Passengers and crew

People on board by nationality[6]:27
NationNumber
 Australia 27
 Belgium 4
 Canada[lower-alpha 3] 1
 Germany[lower-alpha 4] 4
 Indonesia 12
 Malaysia[lower-alpha 5] 43
 Netherlands[lower-alpha 6] 193
 New Zealand 1
 Philippines 3
 United Kingdom[lower-alpha 7] 10
Total 298

The incident is the deadliest airliner shootdown incident to date.[34] All 283 passengers and 15 crew died.[6]:27 The crew were all Malaysian and about two-thirds (68%) of the passengers were Dutch, while many of the other passengers were Australians and Malaysians.[6]:27 By 19 July, the airline had determined the nationalities of all 298 passengers and crew.[5]

Among the passengers were delegates en route to the 20th International AIDS Conference in Melbourne, including Joep Lange, a former president of the International AIDS Society, which organised the conference.[35] Many initial reports had erroneously indicated that around 100 delegates to the conference were aboard, but this was later revised to six.[36] Also on board were Dutch Senator Willem Witteveen,[37] Australian author Liam Davison,[38] and Malaysian actress Shuba Jay.[39]

At least twenty family groups were on board the aircraft, and eighty of the passengers were under the age of 18.[40][41]

The flight had two captains, Wan Amran Wan Hussin from Kuala Kangsar and Eugene Choo Jin Leong (Chinese: 朱仁隆; pinyin: Zhū Rénlóng[42]) from Seremban, and two copilots, Ahmad Hakimi Hanapi and Muhd Firdaus Abdul Rahim.[43]

Background

Some airlines started to avoid eastern Ukrainian airspace in early March 2014 due to the Crimean crisis.[44] In April, the International Civil Aviation Organization warned governments that there was a risk to commercial passenger flights over south-eastern Ukraine.[6]:217 The American Federal Aviation Administration issued restrictions on flights over Crimea, to the south of MH17's route, and advised airlines flying over some other parts of Ukraine to "exercise extreme caution". This warning did not include the MH17 crash region.[45][46] 37 airlines continued overflying eastern Ukraine and about 900 flights crossed the Donetsk region in the seven days before the Boeing 777 was shot down, with Aeroflot, Singapore Airlines, Ukraine International Airlines, Lufthansa and Malaysia Airlines being the most active carriers.[47]

On 14 June 2014, a Ukrainian Air Force Ilyushin Il-76 aircraft was shot down on approach to Luhansk International Airport; all 49 people on board died.[6]:183 On 29 June, Russian news agencies reported that insurgents had obtained a Buk missile system after having taken control of a Ukrainian air defence base (possibly the former location of the 156th Anti-Aircraft Rocket Regiment [156 zrp]).[48][49][50] On the same day, the Donetsk People's Republic claimed possession of such a system in a since-deleted tweet.[49][51]

On 14 July 2014, a Ukrainian Air Force An-26 transport plane flying at 6,500 m (21,300 ft) was shot down.[6]:183 Militia reportedly claimed via social media that a Buk missile launcher had been used to bring down the aircraft.[52] American officials later said evidence suggested the aircraft had been shot down from Russian territory.[53] On 16 July, a Sukhoi Su-25 close air support aircraft was also shot down. The Ukrainian government said the Russian military had shot down the aircraft with an air-to-air missile fired by a MiG-29 jet in Russia; a spokesman for the Russian defence ministry rejected that report as "absurd".[54][55] According to the Dutch newspaper De Telegraaf, the Ukrainian government also warned the government of Netherlands and other European countries about dangers in flying over the East Ukraine three days prior to the tragedy[56][57] due to the downing of the An-26 transport aircraft on 14 July.[58][59]

On 15 July 2014, following his visit to Kiev, Polish Minister of Foreign Affairs Radosław Sikorski warned about the dangers posed by the continued Russian military support for pro-Russian separatists, especially ground-to-air missiles.[60] On 17 July, an Associated Press journalist saw a Buk launcher in Snizhne, a town in Donetsk Oblast, 16 kilometres (10 mi) southeast of the crash site. The reporter also saw seven separatist tanks near the town.[61] Associated Press journalists reported that the Buk M-1 was operated by a man "with unfamiliar fatigues and a distinctive Russian accent" escorted by two civilian vehicles.[62] The battle around Saur Mogila has been suggested as the possible context within which the missile that brought down MH17 was fired, as separatists deployed increasingly sophisticated anti-aircraft weaponry in this battle, and had brought down several Ukrainian jets in July.[63] A Ukrainian An-26 was scheduled to deliver paratroopers to the battle arena on 17 July and, according to Russian expert Vadim Lukashevich, the separatists "might have been waiting just for them".[64] According to the final report of the Dutch Safety Board, no An-26 was downed in Eastern Ukraine that day.[6]:182

The airspace above Donetsk Oblast was closed by Ukraine below 26,000 feet (7,900 m) on 5 June 2014 and, on 14 July, below 32,000 feet (9,800 m).[6]:179–180 The route in Russian airspace that MH17 would have taken was closed below 32,000 feet (9,800 m) by Russian air control a few hours before the airliner took off.[65] As with other countries Ukraine receives overflight fees for commercial aircraft that fly through their borders. This may have contributed to the continued availability of civilian flight paths through the conflict zone.[66][67]

Crash

Route of Malaysia Airlines Flight 17
Routes of Malaysia Airlines Flight 17 and Singapore Airlines Flight 351, including airspace restrictions

On Thursday, 17 July 2014, Malaysia Airlines Flight 17 departed from Amsterdam Airport Schiphol Gate G03 at 12:13 CEST (10:13 UTC)[6]:23 and was due to arrive at Kuala Lumpur International Airport at 06:00, Friday 18 July MYT (22:00, 17 July UTC).

According to the original flight plan, MH17 was to fly over Ukraine at flight level 330 (33,000 feet or 10,060 metres) and then change to FL 350 around Dnipropetrovsk. When it reached the area as planned, at 12:53 UTC Dnipropetrovsk Air Control (Dnipro Control) asked MH17 if they could climb to FL 350 as planned, and also to avoid a potential separation conflict with another flight, Singapore Airlines Flight 351, also at FL 330. The crew asked to remain at FL 330 and the air control approved this request, moving the other flight to FL 350. At 13:00 UTC the crew asked for a deviation of 20 nautical miles (37 km) to the left (north) of course, on airway L980, due to weather conditions. This request was also approved by Dnipro Control. The crew then asked if they could climb to FL 340, which was rejected as this flight level was not available, so MH17 remained at FL 330. At 13:19 UTC Dnipro Control noticed that the flight was 3.6 nautical miles (6.7 km) north from the centerline of approved track and instructed MH17 to return to the track. At 13:19 UTC Dnipro Control contacted Russian air control in Rostov-on-Don (RND) over telephone and requested clearance for transferring the flight to Russian air control. After obtaining the permission, Dnipro Control attempted to hand off the aircraft to Rostov-on-Don at 13:20 UTC, but the aircraft did not respond. When MH17 did not respond to several calls, Dnipro Control contacted RND again to check if they could see the Boeing on their radar. RND confirmed that the plane had disappeared.[2]

The Dutch Safety Board reported a last flight data recording at 13:20 UTC, located west of the urban-type settlement Rozsypne, heading 115° at 494 knots (915 km/h).[2]

The aircraft crashed outside Hrabove, near Torez in eastern Ukraine's Donetsk Oblast, with debris spread over a 50 square kilometres (19 sq mi) area to the southwest of Hrabove.[6]:53 The fireball on impact is believed to have been captured on video.[68] Photographs from the site of the crash show scattered pieces of broken fuselage and engine parts, bodies, and passports.[69] Some of the wreckage fell close to houses.[70] Dozens of bodies fell into crop fields, and some fell into houses.[71]

Three other commercial aircraft were in the same area when the Malaysian plane crashed, a Singapore Airlines Boeing 777 en route from Copenhagen to Singapore, Air India Flight 113 and a Boeing 787, en route from Delhi to Birmingham. The closest aircraft was 33 kilometres (21 mi) away.[6]:41

Recovery of bodies

First arrival of bodies at Eindhoven Airport

A Ukraine Foreign Ministry representative said that the bodies found at the crash site would be taken to Kharkiv for identification, 270 kilometres (170 mi) to the north. By the day after the crash, 181 of the 298 bodies had been found,[72] some were observed being placed in body bags, and loaded on to lorries.[73][74][75]

Dutch Prime Minister Mark Rutte complained about the lack of respect shown to the personal belongings of the dead which were reportedly being looted. He initially announced his disgust about the handling of the bodies that were reportedly being "dragged around" and "thrown", but later stated they had been handled with more care than originally thought.[76][77] On 20 July, Ukrainian emergency workers, observed by armed separatists, began loading the remains of the passengers of MH17 into refrigerated railway wagons for transport and identification.[78]

On 21 July, pro-Russian rebels allowed Dutch investigators to examine the bodies. By this time, according to Ukrainian officials 272 bodies had been recovered.[79] Remains left Torez on a train on the evening of 21 July, en route to Kharkiv to be flown to the Netherlands for identification.[80] On the same day, Malaysian Prime Minister Najib Razak announced that the Malaysian government had reached a tentative agreement to retrieve the remains of the Malaysians who died in the crash, following any necessary forensic work.[81]

Convoy of 40 hearses heading to Hilversum, while other traffic stopped

It was reported on 21 July that with 282 bodies and 87 body fragments found, there were still 16 bodies missing.[82] An agreement had been reached that the Netherlands would co-ordinate the identification effort. A train carrying the bodies arrived at the Malyshev Factory, Kharkiv on 22 July.[83] Dutch authorities stated that they found 200 bodies on the train when it arrived at Kharkhiv, leaving almost 100 unaccounted for.[84] In late July, the UK Metropolitan Police sent specialist officers to Ukraine to assist with the recovery, identification and repatriation of bodies.[85]

The first remains were flown to Eindhoven in the Netherlands on 23 July,[86] moved there with Dutch air force C-130 and Australian C-17 transport aircraft,[87][88] which landed at Eindhoven Airport just before 16:00 local time.[89] The day after, another 74 bodies arrived.[90] The examination and identification of the bodies was conducted at the Netherlands Army medical regiment training facility in Hilversum and was coordinated by a Dutch forensic team.[91]

On 1 August it was announced that a search and recovery mission, including about 80 forensic police specialists from the Netherlands, Malaysia and Australia, and led by Colonel Cornelis Kuijs of the Royal Marechaussee, would use drones, sniffer dogs, divers and satellite mapping to search for missing body parts at the crash site.[92][93] Australian officials had believed that as many as 80 bodies were still at the site,[94] but after some days of searching the international team had "found remains of only a few victims" and concluded that "the recovery effort undertaken by local authorities immediately after the crash was more thorough than initially thought."[95]

On 6 August the Dutch Prime Minister Mark Rutte announced that the recovery operation would be temporarily halted due to an upsurge in fighting around the crash site threatening the safety of crash investigators and recovery specialists, and that all international investigators and humanitarian forces conducting searches would leave the country leaving behind a small communications and liaison team.[96]

On 22 August the bodies of 20 Malaysians (of 43 killed in the incident) arrived in Malaysia.[97] The government announced a National Mourning Day, with a ceremony broadcast live on radio and television.[98]

On 9 October a spokesman for the Dutch national prosecutor's office stated that one victim had been found with an oxygen mask around his neck; a forensic investigation of the mask for fingerprints, saliva and DNA did not produce any results and it is therefore not known how or when that mask got around the neck of the victim.[6]:99

By 5 December 2014, the Dutch-led forensic team had identified the bodies of 292 out of 298 victims of the crash.[99] In February and April 2015 new remains were found on the site,[100][101] by then only 2 victims, both Dutch citizens, had not been identified.[101]

Aftermath

Around 90 minutes after the incident, Ukraine closed all routes in Eastern Ukrainian airspace, at all altitudes.[6]:101 The incident dramatically heightened fears about airliner shootdowns,[102] leading to some airlines announcing they would avoid overflying conflict zones.

It was suggested that credit and debit cards may have been looted from the bodies of the victims, and the Dutch Banking Association said it would take "preventative measures" against any possible fraud.[103] There were also accusations that other possessions had been removed and that evidence at the crash site had been destroyed.[104][105] Dutch prime minister Mark Rutte acknowledged on 6 August that early reports of chaos and criminality around the site may have been exaggerated.[95] One eye-witness observed that valuable items like shoes and bottles of alcohol were untouched in the wreckage,[106] while a video published by News Corp Australia in July 2015 recorded at the scene shortly after the crash shows militants described as "Russian-backed rebels" arriving and ransacking the wreckage.[107]

Shortly after the crash, it was announced that Malaysia Airlines would retire flight number MH17 and change the Amsterdam–Kuala Lumpur route to flight number MH19 beginning on 25 July 2014, with the outbound flight unchanged.[108][109] In association with the retirement of the Boeing 777 aircraft type from Malaysia Airlines' fleet, Malaysia Airlines terminated service to Amsterdam, opting to codeshare with KLM on the KUL-AMS route for service beyond 25 January 2016.[110] On 18 July 2014, shares in Malaysia Airlines dropped by nearly 16%.[111]

On 23 July 2014, two Ukrainian military jets were hit by missiles at the altitude of 17,000 feet (5,200 m) close to the area of the MH17 crash. According to the Ukrainian Security Council, preliminary information indicated that the missiles came from Russia.[112]

On 9 June 2016, a Russian businessman claimed that the shooting down of the plane put an end to hopes of a Russian nation in Ukraine and prolonged the War in Donbass.[113]

Investigation

Two parallel investigations were led by the Dutch, one into the technical cause of the crash, and a separate criminal inquiry.[114] The technical report was released on 13 October 2015,[115] while the criminal investigation reported some of their findings in September 2016.[116][117] According to the Convention on International Civil Aviation, the country in which an aviation incident occurs is responsible for the investigation, but that country may delegate the investigation to another state, Ukraine has delegated the leadership of both investigations to the Netherlands.[118][119][120][121]

On-site investigation

In the hours following the crash, a meeting was convened of the Trilateral Contact Group. After they had held a video conference with representatives of insurgents affiliated with the Donetsk People's Republic (who controlled the area where the aircraft crashed), the rebels promised to "provide safe access and security guarantees" to "the national investigation commission" by co-operating with Ukrainian authorities and OSCE monitors.[122] During the first two days of investigation, the militants prevented the OSCE and the workers of Ukrainian Emergencies Ministry from freely working at the crash site. Andre Purgin, a leader of the Donetsk People's Republic, declared later that "we will guarantee the safety of international experts on the scene as soon as Kiev concludes a ceasefire agreement".[123]

Dutch and Australian police at the crash site on 3 August 2014

By 18 July 2014, the flight data recorder and the cockpit voice recorder had been recovered by separatists,[124] and three days later were handed over to Malaysian officials in Donetsk.[6]:44 The CVR was damaged but there was no evidence that data had been tampered with.[6]:45

The National Bureau of Air Accidents Investigation of Ukraine, which led off- and on-site investigation during the first days after the crash,[125] had by August 2014 delegated the investigation to the DSB because of the large number of Dutch passengers and the flight having originated in Amsterdam.[126][127][128]

On 22 July, a Malaysian team of 133 officials, search and recovery personnel, and forensics, technical and medical experts arrived in Ukraine.[129] Also Australia sent a 45-member panel headed by former Air Chief Marshal Angus Houston, who had earlier supervised the MH 370 probe.[130] The United Kingdom sent six investigators from the Air Accidents Investigation Branch (AAIB) and the UK Foreign Office sent extra consular staff to Ukraine.[85] It took until late July before the full international team could start working at the crash site,[131] under the leadership of the Dutch Ministry of Defence.[132]

On 30 July 2014, a Ukrainian representative said that pro-Russian rebels had mined approaches to the crash site and moved heavy artillery.[133]

On 6 August 2014, the experts left the crash site due to concerns about their safety.[134] In mid-September they unsuccessfully attempted to regain access to the site.[135][136] On 13 October a Dutch-Ukrainian team resumed recovery of victims' personal belongings.[137] In mid-November, work was undertaken to remove part of the wreckage from the crash site. Earlier efforts by the recovery team to salvage the MH17 wreckage had been frustrated by disagreements with the local rebels.[138][139] The recovery operation took one week to complete. The debris was transported to the Netherlands where investigators reconstructed parts of the plane.[140]

In August 2015, possible Buk missile launcher parts were found at the crash site by the Dutch led Joint Investigation Team.[141][142]

Cause of crash

A mobile Buk surface-to-air missile launcher, similar to that concluded to have been used in the incident
External audio
Pro-Russian rebels discuss the shooting down of an aircraft on YouTube Intercepted phone calls, verified with voice recognition by the National Security Agency,[21] between rebels discussing which rebel group shot down the aircraft and initial reports that it was a civilian aircraft. Audio (in Russian) released by Security Service of Ukraine with English subtitles.[22][23]

Soon after the crash both American and Ukrainian officials said that a surface-to-air missile strike was the most likely cause,[143] and if so, then the missile was fired from a mobile Soviet-designed Buk missile system (NATO reporting name: SA-11 "Gadfly") as this was the only surface-to-air missile system in the region capable of reaching the altitude of commercial air traffic.[53][144][145][146][147][148] According to defence analyst Reed Foster (from Jane's Information Group), the contour of the aluminium and the blistering of the paint around many of the holes on the aircraft fragments indicate that small, high-velocity fragments entered the aircraft externally, a damage pattern indicative of an SA-11.[149] Ballistics specialist Stephan Fruhling of the Australian National University's Strategic and Defence Studies Centre concurred with this, explaining that since it struck the cockpit rather than an engine it was probably a radar guided, rather than heat seeking, missile equipped with a proximity fuzed warhead such as a SA-11.[150]

Shortly after the crash, Igor Girkin, leader of the Donbass separatists, was reported to have posted on social media network VKontakte, taking credit for downing a Ukrainian An-26.[17][151][152] This news was repeated by channels in Russia, with LifeNews reporting "a new victory of Donetsk self-defence who shot down yet another Ukrainian airplane".[153] The separatists later denied involvement, saying they did not have the equipment or training to hit a target at that altitude.[154][155][156] Russian media also reported that Alexander Borodai called one of the Moscow media managers 40 minutes after the crash, saying that "likely we shot down a civilian airliner".[152]

Witnesses in Torez reported sightings on the day of the incident of what appeared to be a Buk missile launcher,[157] and AP journalists reported sightings of a Buk system in separatist controlled Snizhne.[62] The witness reports backed up photographs and videos which had been posted online, of the Buk launcher in rebel-held territory.[157]

On 19 July 2014, Vitaly Nayda, the chief of the Counter Intelligence Department of the Security Service of Ukraine (SBU), told a news conference, "We have compelling evidence that this terrorist act was committed with the help of the Russian Federation. We know clearly that the crew of this system were Russian citizens."[158][159][160] He cited what he said were recorded conversations in which separatists expressed satisfaction to Russian intelligence agents that they brought down an aircraft.[161][162] While one of the involved persons acknowledged that these conversations took place, the separatists denied that they were related to the crash of MH17 and blamed the Ukrainian government for shooting it down.[163][164][165][166] According to Nayda, a Buk launcher used in the shootdown was moved back into Russia the night after the attack.[62] The SBU released another recording, which they said was of pro-Russian-separatist leader Igor Bezler being told of an approaching aircraft two minutes before MH17 was shot down. Bezler said the recording was real, but referred to a different incident.[167] The head of the SBU, Valentyn Nalyvaichenko, later concluded that rebels intended to shoot down a Russian airliner in a false flag operation to give Russia a pretext to invade Ukraine, but shot down MH17 by mistake.[168][169][170]

Journalists from the Associated Press in Snizhne, Ukraine reported seeing a Buk M-1 enter the town operated by a man "with unfamiliar fatigues and a distinctive Russian accent" escorted by two civilian vehicles, which then moved off in the direction where the shootdown later occurred. According to Ukrainian counterterrorism chief, Vitaly Nayda, after downing the plane under separatist direction, the launcher's Russian crew quickly moved it back across the border into Russia.[62]

On 22 July 2014, a rebel fighter revealed to an Italian reporter that fellow separatists had told his unit the aircraft had been shot down under the assumption that it was Ukrainian.[171] This information was verified and confirmed on the same day by a German newspaper.[172] Unnamed American intelligence officials stated that sensors that traced the path of the missile, shrapnel patterns in the wreckage, voice print analysis of separatists' conversations in which they claimed credit for the strike, and photos and other data from social media sites all indicated that Russian-backed separatists had fired the missile.[10]

American officials said that satellite data from infrared sensors detected the explosion of Flight MH17.[173] American intelligence agencies said that analysis of the launch plume and trajectory suggested the missile was fired from an area near Torez and Snizhne.[53][145] The British Daily Telegraph said: "The Telegraph's own inquiries suggest the missile, an SA-11 from a Buk mobile rocket launcher, was possibly fired from a cornfield about 19 kilometres (12 mi) to the south of the epicentre of the crash site."[146] Other sources suggest the missile was launched from the separatist-controlled town of Chernukhino.[174] Several other media outlets including The Guardian, The Washington Post and the Sydney Morning Herald reported that the aeroplane is believed to have been downed by a rebel-fired missile.[94][175][176]

An unnamed American intelligence official stated that Malaysia Airlines Flight MH17 may have been shot down in error by pro-Russian separatists, citing evidence that separatists launched a SA-11 surface-to-air missile that blew up the Malaysian airliner. They said it was possible the rebel was a former member of the Armed Forces of Ukraine who had defected to the pro-Russian separatists.[9] The official dismissed Russian allegations that MH17 took evasive action and said the claim that the Ukrainian government had shot down MH17 was not realistic, as Kiev had no such missile systems in that area, which was rebel-controlled.[147] American intelligence officials also said that Russia was attempting to disguise the flow of weaponry it was delivering to the rebels by sending older weapons that matched Ukraine's inventory.[10] The British Foreign Office stated that it was "highly likely" that the missile was fired from an area controlled by Russian-backed separatists.[177]

The Russian Ministry of Defence has maintained that American claims of separatist responsibility were "unfounded", and said that the American intelligence agencies have not released any of the data on which they based their conclusions.[178] According to the Russian military, in what the New York Magazine called "Russia's Conspiracy Theory", MH17 was shot down by the Ukrainians, using either a surface-to-air missile or a fighter plane.[179][180]

On 21 July 2014, the Russian Ministry of Defence held a press conference and said that while the Boeing 777 was crashing, a Ukrainian Su-25 ground-attack aircraft approached to within 3 to 5 kilometres (1.9 to 3.1 mi) of the Malaysian airliner. The MoD also claimed that satellite photographs showed that the Ukrainian army moved a Buk SAM battery to the area close to the territory controlled by the rebels on the morning of 17 July, hours before the crash. They said the installation was then moved away again by 18 July.[181] Promoted by Russian media, the idea that a Su-25 could have downed Boeing with an air-to-air missile was dismissed by chief designer of the Su-25, Vladimir Babak.[182] In 2015 Bellingcat purchased satellite photos from the same area and time as used by the MoD and demonstrated that they had used older photos (May and June 2014) in their presentation that were edited to make a Ukrainian Buk launcher appear as if it was removed after the attack.[183] In the report published by the Dutch Safety Board, an air-to-air missile strike was ruled out.[7]

In an interview with Reuters on 23 July 2014, Alexander Khodakovsky, the commander of the pro-Russian Vostok Battalion, acknowledged that the separatists had an anti-aircraft missile of the type the Americans had said was used to shoot down the aircraft, and said that it could have been sent back to Russia to remove proof of its presence;[184][185][186] he later retracted his comments, saying that he had been misquoted and stating that rebels never had a Buk.[187] In November 2014 he repeated that the separatists had a Buk launcher at the time, but stated that the vehicle, under control of fighters from Luhansk, had still been on its way to Donetsk when MH17 crashed. It was then withdrawn to avoid being blamed.[188]

On 28 July 2014, Ukrainian security official Andriy Lysenko announced, at a press conference, that black box recorder analysis had revealed that the aircraft had been brought down by shrapnel that caused "massive explosive decompression." Dutch officials were reported to be "stunned" by what they saw as a "premature announcement" and said that they had not provided this information.[189]

On 8 September 2014, the BBC released new material by John Sweeney who cited three civilian witnesses from Donbass who saw the Buk launcher in the rebel-controlled territory on the day when MH17 crashed. Two witnesses said the crew of the launcher and a military vehicle escorting it did not have local accents and spoke with Muscovite accents.[190] On the same day Ignat Ostanin, a Russian journalist, published an analysis of photos and films of Buk units moving in Russia and Ukraine in the days before and after the MH17 crash. According to Ostanin, the markings on the specific launcher suspected of being used to shoot MH17, together with the number plates of the large goods vehicle that carried the launcher, suggested that it belonged to the 53rd Anti-Aircraft Rocket Brigade of the Air Defence Forces of the Russian Ground Forces.[191][192]

On 8 October 2014 the president of the German Federal Intelligence Service (BND) gave a presentation about MH17 to a German parliamentary committee overseeing intelligence activities. According to Der Spiegel, the report contained a detailed analysis which concluded that pro-Russian separatists had used a captured Ukrainian Buk system to shoot down Flight MH17. The report also noted that "Russian claims the missile had been fired by Ukrainian soldiers and that a Ukrainian fighter jet had been flying close to the passenger jet were false" and that Ukraine had published manipulated photographs.[13][193] The Attorney General of Germany opened an investigation against unknown persons due to a suspected war crime.[14]

On 22 December 2014 the Dutch news service RTL Nieuws published a statement of an unnamed local resident who witnessed the shooting down of MH17, indicating that the plane was shot down by a missile from rebel territory. He took photographs of what appeared to be the vapour trail of a ground-launched missile which he passed to the SBU.[194][195] On 24 December Russia's state-operated domestic news agency RIA Novosti quoted the leader of the self-proclaimed Donetsk People's Republic, Alexander Zakharchenko, saying he saw MH17 shot out of the sky by two Ukrainian jets.[196][197]

In January 2015 a report produced by the German investigative team CORRECT!V concluded a Buk surface-to-air missile launcher operated by the 53rd Anti-Aircraft Rocket Brigade shot down MH17.[198] Large amounts of other circumstantial evidence were presented separately by various parties that supports this version, identifying specific launcher vehicle, operator name, truck transporting it and its alleged route through Russia and Ukraine.[199]

In March 2015 Reuters published statements from named witnesses from Chervonyi Zhovten (Ukrainian: Червоний Жовтень), a village close to Torez and Snizhne, who said they saw the Buk rocket passing over the village when it was fired from a field around 1.5 km away. It also published a statement from a witness who was said to be a separatist fighter (referred to by first name only) who confirmed that the launcher was placed in that area on the day of the Boeing crash to prevent Ukrainian airstrikes.[200]

In July 2015, News Corp Australia published the transcript of a 17-minute video recorded at the scene shortly after the crash. The transcript and published segments of the video indicated that Russian-backed rebels arrived at the crash site in the expectation of finding the wreckage of a military aircraft and of locating crew that had parachuted from the aircraft.[107]

In May 2016, Stratfor released satellite imagery taken 5 hours before the crash which showed a Russian Buk system travelling on a flatbed truck east through the town of Makiivka, 40 km away from Snizhne. Stratfor's concluded that a Buk system had moved from the Russian border toward Donetsk on 15 July 2014, and then moved back to the east on the afternoon of 17 July 2014, hours before Flight MH17 was shot down.[201]

Dutch Safety Board reports

On 9 September 2014, the preliminary report was released by the Dutch Safety Board (DSB).[2][202]:16 This preliminary report concluded that there was no evidence of any technical or operational failure in the aircraft or from the crew prior to the ending of the CVR and FDR recording at 13.20:03 hrs (UTC). The report also said that "damage observed on the forward fuselage and cockpit section of the aircraft appears to indicate that there were impacts from a large number of high-energy objects from outside the aircraft". According to the investigators, this damage probably led to a loss of structural integrity that caused an in-flight break-up first of the forward parts of the aircraft and then of the remainder with an expansive geographic spread of the aircraft's pieces.

Tjibbe Joustra, Chairman of the Dutch Safety Board, explained that the investigation thus far pointed "towards an external cause of the MH17 crash", but determining the exact cause required further investigation. They also said that they aimed to publish the final report within a year of the crash date.[203]

Final report

Narrated reconstruction of the missile impact, produced by the Dutch Safety Board

The Dutch Safety Board issued its final report on the crash on 13 October 2015. The report concluded that the crash was caused by a Buk 9M38-series surface-to-air missile with a 9N314M warhead. The warhead detonated outside and above the left-hand side of the cockpit. The impact killed the three people in the cockpit and caused structural damage to the airplane leading to an in-flight break-up resulting in a wreckage area of 50 square kilometers and loss of the lives of all 298 occupants.[204] Based on evidence they were able to exclude meteor strikes, the plane having technical defects, a bomb, and an air-to-air attack as causes of the crash. The DSB calculated the trajectory of the missile and found it was fired within a 320-square-kilometre (120 sq mi) area southeast of Torez. Narrowing down a specific launch site was outside the DSB's mandate.[6] According to Al Jazeera, the area identified by the DSB was controlled by separatists at the time of the downing.[205]

In addition to the technical investigation, the selection of the flight route was also investigated by the DSB.[206] There were 61 flight operators from 32 countries who flew over eastern Ukraine at the time of the crash, who believed it was safe to fly there at cruising altitude. In the DSB's opinion, there was sufficient reason to fully close the airspace over eastern Ukraine as a precaution. The DSB recommended that states involved in armed conflicts should exercise more caution when evaluating their airspace, and operators should more thoroughly assess the risks when selecting routes over conflict areas.[207]

Criminal investigation

The criminal investigation into the downing of MH17 is being led by the Public Prosecution Service of the Dutch Ministry of Justice, and is the largest in Dutch history, involving dozens of prosecutors and 200 investigators.[208] Investigators interviewed witnesses and examined forensic samples, satellite data, intercepted communications, and information on the Web.[209] Participating in the investigation along with the Netherlands, are the four other members of the Joint Investigation Team (JIT),[210] Belgium, Ukraine, Australia, and lastly, Malaysia,[211] which joined in November 2014.[210] Early in the investigation, the JIT eliminated accident, internal terrorist attack or air-to-air attack from another aircraft as the cause of the crash.[8]

In December 2014, in a letter to the Security Council, the Netherlands UN representative wrote that "The Dutch government is deliberately refraining from any speculation or accusations regarding legal responsibility for the downing of MH17.[212] Also in December, the assistant secretary of the Department of State's European and Eurasian Affairs said America had given all of its information, including classified information to the Dutch investigators and to the ICAO.[213]

On 30 March 2015, the JIT released a Russian-language video calling for witnesses in the Donetsk and Luhansk regions who might have seen a Buk missile system.[214] The video included some previously undisclosed recordings allegedly of tapped phone conversations between rebel fighters about the Buk. In one recording, of a conversation a few hours after the shoot down, a fighter says that a member of the Buk's accompanying crew had been left behind at a checkpoint. In another recording, dated the day after the shootdown, a rebel allegedly says the Buk system and its crew had been brought from Russia by "the Librarian." The video presents a "scenario" whereby a Buk missile was transported on a Volvo low loader truck from Severnyi, a town located within a kilometer of the Russian border, to Donetsk during the night of 16/17 July.[215] In the week following the public appeal, the JIT received more than 300 responses resulting in dozens of "serious witnesses".[216][217] In 2016 the presence of the transloader of matching color with a Buk missile was confirmed on a satellite photo of the area taken just a few hours before the downing of the plane, which was described as "correlating with other evidence" by Stratfor who found the photo in DigitalGlobe archive.[218][219]

On 9 April 2015 Dutch authorities made available 569 documents concerning the shoot-down. Personal information and official interviews had been redacted. A further 147 documents were not made public.[220]

Findings of the Joint Investigation Team (JIT)

On 28 September 2016, the JIT gave a press conference in which it confirmed that the aircraft was shot down with a 9M38 Buk missile which it concluded had been fired from a rebel-controlled field near Pervomaisky, a town 6 km (3.7 mi) south of Snizhne.[116] It also found the Buk missile system used had been transported from Russia into Ukraine on the day of the crash, and then back into Russia after the crash, with one missile less than it arrived with.[8][117] The JIT said they had identified 100 people, witnesses as well as suspects, who were involved in the movement of the Buk launcher, though they had not yet identified a clear chain of command to assess culpability, which was a matter for ongoing investigation. The Dutch chief prosecutor said "the evidence must stand before a court" which would render final judgement.[8] During the investigation, the JIT interviewed 200 witnesses, collected half a million photos and videos and analysed 150,000 intercepted phone calls.[116][221]

Proposed international tribunal

In June 2015, the Netherlands, supported by the other JIT members, sought to create an international tribunal to prosecute those suspected of downing the Malaysian airliner, which would take up the case after the closing of the criminal investigation. The Dutch hoped that an international tribunal would induce Russian cooperation, which was considered critical.[222] In late June 2015, the Russian government rejected a request by the five countries on the investigative committee to form a UN tribunal which would try those responsible for the shooting down of the aircraft, calling it "not timely and counterproductive."[223] On 8 July 2015, Malaysia, a member of the UN Security Council, distributed a draft resolution to establish such a tribunal. This resolution was jointly proposed by the five JIT member countries. Russian UN Ambassador Vitaly Churkin responded, "I don't see any future for this resolution. Unfortunately, it seems that this is an attempt to organize a grandiose, political show, which only damages efforts to find the guilty parties."[29] Russia later circulated a rival resolution which criticised the international investigation's lack of "due transparency" and demanded those responsible be brought to justice, but which did not call for a tribunal.[224] In a vote, Malaysia's resolution gained majority support of the UNSC, but was vetoed by Russia.[30]

Civil cases

In July 2015 a writ was filed in an American court by families of 18 victims accusing the separatist leader Ivor Girkin of "orchestrating the shootdown" and the Russian government of being complicit in the act. The writ was brought under the Torture Victim Protection Act of 1991[225] In May 2016 families of 33 victims of the crash filed a claim against Russia and president Vladimir Putin in the European Court of Human Rights, arguing Russian actions violated the passengers' right to life.[226][227] In July 2016, Malaysia Airlines was sued in Malaysia by 15 passengers' families in two separate writs, each brought under the Montreal Convention, arguing that the airline should not have chosen that route.[228] A month earlier, a separate lawsuit was brought by the families of 6 crew members who alleged negligence and breach of contract by the airline.[229]

Reactions

Ukrainian President Petro Poroshenko called the crash the result of an act of terrorism, and also called for an international investigation into the crash.[230]

Malaysian Deputy Foreign Minister Hamzah Zainuddin said that the foreign ministry would be working with the Russian and Ukrainian governments with regard to the incident.[231] Prime Minister Najib Razak said that Malaysia was unable yet to verify the cause of the crash and demanded that the perpetrators be punished.[232] The Malaysian government flew the national flag at half-mast from 18 July until 21 July.[233]

Flag at half mast in front of Hoorn city hall during the national day of mourning on 23 July

Dutch Prime Minister Mark Rutte and King Willem-Alexander voiced their shock at the crash,[234][235] and Minister of Foreign Affairs Frans Timmermans joined the Dutch investigation team sent to Ukraine.[236] Dutch government buildings flew the flag at half-mast on 18 July.[237] Music was cancelled and festivities were toned down on the last day of the Nijmegen Marches.[238] On 21 July the Netherlands opened a war crimes investigation on the downing of the aircraft, a Netherlands public prosecutor went to Ukraine as part of this investigation. Rutte threatened tough action against Russia if it did not help in the investigation.[239]

Australian Prime Minister Tony Abbott said in an address to parliament that the aircraft was downed by a missile which seemed to have been launched by Russian-backed rebels.[240] Julie Bishop, the Australian Minister for Foreign Affairs, said in an interview on an Australian television programme that it was "extraordinary" that her Russian counterparts had refused to speak to her over the shootdown after the Russian ambassador was summoned to meet her.[240] The Russian government was critical of Abbott's response; Abbott was one of the first world leaders to publicly connect the shootdown to Russia.[241] Abbott later criticised the recovery efforts as "shambolic", and "more like a garden clean-up than a forensic investigation"; Bishop publicly warned separatist forces against treating the victims' bodies as hostages.[242] Abbott also said in an interview on 13 October 2014, in anticipation of Russia's President Vladimir Putin's attendance at the 2014 G20 summit, scheduled for mid-November 2014 in Brisbane, Australia: "Australians were murdered. They were murdered by Russian-backed rebels using Russian-supplied equipment. We are very unhappy about this."[243]

Russian President Putin said that Ukraine bore responsibility for the incident which happened in its territory, which he said would not have happened if hostilities had not resumed in the south-east of Ukraine.[3][244][245] He also said that it was important to refrain from reaching hasty conclusions and politicised statements before the end of the investigation. He said that Russia would help an international inquiry led by the ICAO.[246] At the end of July a Duma deputy Ilya Ponomarev said in an interview for Die Welt that the separatists had shot down the plane by mistake and that Putin now realised he had supplied the weapon to the "wrong people".[247]

United States President Barack Obama said the United States would help determine the cause.[3] In a press statement, White House spokesman Josh Earnest called for an immediate ceasefire in Ukraine to allow for a full investigation.[248] Vice-President Joe Biden said the plane appeared to have been deliberately shot down, and offered American assistance for the investigation into the crash.[245] American Ambassador to the United Nations Samantha Power called on Russia to end the war.[249] The British government requested an emergency meeting of the United Nations Security Council and called an emergency Cobra meeting after the incident.[250][251] Chairman of the US Joint Chiefs of Staff Martin E. Dempsey said that instead of backing away from supporting the rebels in the wake of the airliner tragedy, Putin had "taken a decision to escalate."[252]

Commander of the Donbass People's Militia Igor Girkin was quoted as stating that "a significant number of the bodies weren't fresh". He followed up by saying "Ukrainian authorities are capable of any baseness"; and also said that blood serum and medications were found in the plane's wreckage in large quantities.[253][254]

The European Union's representatives José Manuel Barroso and Herman Van Rompuy released a joint statement calling for an immediate and thorough investigation.[255] The EU officials also said that Ukraine has first claim on the plane's black boxes.[256]

The International Civil Aviation Organization announced that it was sending its team of experts to assist the National Bureau of Air Accidents Investigation of Ukraine (NBAAI), under Article 26 of the Convention on International Civil Aviation.[257] The United Nations Security Council adopted Resolution 2166 on 21 July, regarding an official crime investigation into the incident. On 24 July 2014 the ICAO issued a State Letter reminding signatory states of their responsibilities with respect to the safety and security of civil aircraft operating in airspace affected by conflict.[258]

A makeshift memorial at Schiphol Airport for the victims of Flight MH17

After the crash, memorial services were held in Australia[259] and in the Netherlands, which declared 23 July, the day when the first victims arrived in the country, a national day of mourning, the first since 1962.[260][261] The opening ceremony of the AIDS 2014 conference, of which several delegates had been on board Flight MH17, began with a tribute to the victims of the crash.[262] In Malaysia, makeshift memorials were created in the capital city of Kuala Lumpur.[263]

Russian media coverage

Media coverage of the crash in Russia has differed from coverage in most other countries and significantly changed over time.[264][265]

In the weeks preceding the crash, separatist media celebrated acquisition of the Buk launchers and downing of several Ukrainian air force aircraft. On the evening of the crash, the lifenews.ru portal released a statement from the separatists saying that a "Ukrainian Air Force An-26 transport plane" had been shot down by a missile and crashed.[266] ITAR-TASS and RIA Novosti also reported that an An-26 had been shot down by the separatist militia near Torez at around 16:00 local time.[267][268] Shortly after it became evident that the plane was a civilian one the separatist media denied any involvement in the crash and possession of anti-aircraft missiles capable of reaching this altitude.[18][19][20]

The Russian government-funded[269] outlet RT initially said that the plane may have been shot down by Ukraine in a failed attempt to assassinate Vladimir Putin, in a plot which was organised by Ukraine's "Western backers".[270][271] Other theories propagated by Russian media include: that the Ukrainians shot down the plane by mistake (reported in July[272] and in December 2014[273]); that Ukrainian air traffic controllers purposefully redirected the flight to fly over the war zone; and that the Ukrainian government organised the attack on the plane to bring infamy upon the pro-Russian rebels.[274]

Various theories were disseminated in Russian mass media.[275] On 15 November 2014, Russia's Channel One reported on a supposedly leaked spy satellite photo which showed the plane being shot from behind by a Ukrainian Su-25 fighter jet.[276][277] Many other Russian media reprinted the photo. The authenticity of the photo was questioned by online commentators.[278] The photo had been emailed to the Vice-President of the Russian Union of Engineers by a self-described aviation expert who had found it on a Russian online forum.[279] The aviation expert later apologised, saying that he was unhappy with how the information had been used.[279]

According to the poll conducted by the Levada Center between 18 and 24 July 80% of Russians surveyed believed that the crash of MH17 was caused by the Ukrainian military. Only 3% of respondents to the poll blamed the disaster on pro-Russian separatists in eastern Ukraine.[280][281][282]

In July 2014, Sara Firth, who had worked as a correspondent with RT for the previous five years, resigned in protest at the channel's coverage of the crash, which she described as "lies".[283] RT said Firth had left to take another job.[284]

In July 2014, the liberal Russian opposition newspaper Novaya Gazeta published a headline in Dutch that read "Vergeef ons, Nederland" ("Forgive Us, Netherlands").[285][286]

In May 2015 Novaya Gazeta published a report by "a group of Russian military engineers" that came to the conclusion that the airplane was shot down by a Buk-M1 launcher with 9M38M1 missile. The authors also analysed the visible impact traces on the surface of the airplane and suggested that the missile couldn't have been fired from Snizhne, but was instead fired from Zaroshchenske (Ukrainian: Зарощенське) and claimed that a Ukrainian anti-air unit was located there at that time.[287] In June 2015 the report was the subject of a press conference and was attributed to Mikhail Malisevskiy, chief engineer at Moscow-headquartered Almaz-Antey, the Buk missile manufacturer.[288] The Security Service of Ukraine said that there were inaccuracies in this version, and called part of the report a fake.[289] Russian military expert Vadim Lukashevich argued on TV Rain that the spatial orientation of the rocket at the moment of explosion did not exclude the possibility that it was launched from Snizhne, as the report claimed. Lukashevich also noted that the report admitted a Buk missile as the cause of the crash, discrediting the previous theories about the crash (Su-25 etc.) circulated in Russian media.[290] Ukrainska Pravda questioned claims about the Ukrainian anti-aircraft unit and stated that Zaroshchenskoe was under control of pro-Russian forces on the day of shootdown.[291] Novaya Gazeta published a long analysis by Mark Solonin, also denying the Almaz-Antey version,[292] and interviewed inhabitants of Zaroshchenskoe who denied claims that Ukrainian forces and Buk launchers were present in the village at that time.[293][294] According to Bellingcat, Russia's satellite images were from June and showed signs of editing.[295][296] Bild described the Russian satellite image as "fake".[297]

Maps

  • Amsterdam Airport Schiphol
    Crash site
    Kuala Lumpur International Airport
    Location of departure, crash site and destination
  • Amsterdam Airport
    Crash site
    Location of departure and crash site
  • Presumed route ending in an area controlled by pro-Russian rebels according to The New York Times[65][lower-alpha 8]

See also

Notes

  1. MH is the IATA designator and MAS is the ICAO designator. The flight is also marketed as KLM Flight 4103 (KL4103) through a codeshare agreement.[1]
  2. The aircraft is a Boeing 777-200ER (for Extended Range) model; Boeing assigns a unique customer code for each company that buys one of its aircraft, which is applied as an infix in the model number at the time the aircraft is built. The code for Malaysia Airlines is "H6", hence "777-2H6ER".
  3. Dual Canadian-Romanian citizen boarding with Canadian passport.
  4. Including:
    • 1 dual German-Dutch citizen
  5. 28 passengers and 15 crew
  6. Including:
    • 1 dual Dutch-Belgian citizen;
    • 1 dual Dutch-Israeli citizen;
    • 1 dual Dutch-Italian citizen;
    • 1 dual Dutch-American citizen
  7. Including:
    • 1 dual British-South African citizen; and
    • 1 dual British-New Zealand citizen.
  8. "A United States official said the missile that shot down the plane was launched from a region near the towns of Torez and Snizhne"[249]

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