2/8/2016 By Paul Kaiser
Elmar Giemulla says the responsibility of the Ukrainian government is beyond all doubt
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.