Malaysian Airlines Flight 17 Crashes in Ukraine

One belated report on the first day of defense hearing, similar to the one already posted:
'No witnesses' to implicate MH17 suspect Dutch court told

On today's hearing: LIVE | Advocaten MH17-verdachte Oleg Poelatov: ’Hij krijgt geen eerlijk proces’

Domestic - LIVE
Lawyers MH17 suspect Oleg Pulatov: 'He won't get a fair trial'

By Saskia Belleman - Today, 11:43; Updated Today, 12:51

SCHIPHOL - Oleg Pulatov, one of the four suspects in the downing of flight MH17, is not getting a fair trial. From the start, he has been portrayed as a "culprit" whose guilt can no longer be in doubt and he has not been given the opportunity to defend himself properly.

"Twelve days of pleading do nothing to change that," his lawyers Sabine ten Doesschate and Boudewijn van Eijck said Wednesday during the second day of their extended defense of Pulatov in the extra secure court at Schiphol Airport.

Ten Doesschate accused the prosecution of having acted deliberately against Pulatov's interests. "From the beginning a certain path was taken and we were hindered in conducting an adequate defense."

She also blamed the prosecution for tunnel vision. According to the lawyer, they were only looking for confirmation of the prosecution's scenario. Indications that pointed in a different direction were referred to as fables. The Prosecution would have relied too heavily on research conducted by the Ukrainian security service, says the defense. "While the SBU had an interest in a certain outcome."

'Public Exhibition'

Ten Doesschate denounced the "public exhibition" of Pulatov during a globally televised press conference on June 19, 2019. During that meeting, the photos, names and dates of birth of the four suspects were shown and, according to her, no wavering words were spoken when presenting the investigation findings. That flight MH17 had been brought down with a BUK missile fired by Russians from the 53rd Kursk Brigade was brought as certainty.

Nothing came of the principle that everyone is innocent until the contrary is established by a judge, according to the lawyer: In the eyes of the public, Pulatov and his co-defendants were already perpetrators as a result of the firm statements of the prosecutor, .

Ten Doesschate: "Pulatov and his relatives are branded for the rest of their lives and they will never get rid of that stamp. The public prosecutor made no attempt whatsoever to prevent a popular verdict. By speaking in terms of unshakable certainties, there is no longer room in the minds of many people for the idea that things could have gone differently. Even expressing doubts makes a lot of people very angry."

'Virulent media campaign'

The European Convention on Human Rights requires authorities to refrain from making statements that cause someone to be already guilty in the eyes of the public, the lawyer says. That requirement, she said, has been flouted. She said she fears that even professional judges may not have been unmoved by the prosecution's "virulent media campaign."

Until that press conference in 2019, Pulatov did not know that he was considered a suspect. According to counsel, the prosecution had made no attempt to find and hear him. This also deprived him of the opportunity to conduct (or to have conducted) his own investigation and to properly prepare his defense. Only on 2 October 2019 did a summons plop on the mat with Pulatov, while the investigation had been running for years.

In December, the prosecution demanded life imprisonment against all four suspects. Pulatov is the only one who is represented by lawyers.

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Similar coverage: Advocaten: MH17-verdachte Poelatov krijgt geen eerlijk proces
 
Today's pleading session has been rescheduled for Wednesday due to the "personal situation of one of the litigants." No details were given. Source (in Dutch): Pleidooi in zaak-MH17 maandag uitgesteld

Other news (in Dutch): Nederland en Australië starten nieuwe juridische procedure tegen Rusland vanwege MH17

Holding accountable
Netherlands and Australia launch new legal action against Russia over MH17

3 hours 25 minutes ago; Updated: 2 hours 13 minutes ago

The Netherlands, together with Australia, is starting new legal proceedings against Russia for its role in the MH17 disaster. It concerns a procedure at ICAO, the international civil aviation organization of the United Nations.

The cabinet sees the initiation of the procedure as "an important step," it says in a letter to the House of Representatives.

"The cabinet continues to do everything possible to hold Russia accountable for the downing of flight MH17 and the preservation of the international legal order," said Foreign Minister Wopke Hoekstra.

"That is what the next of kin are entitled to. The death of 298 civilians, including 196 Dutch citizens, cannot and must not remain without consequences. Current events in Ukraine underline the crucial importance of this," Hoekstra says.

War in Ukraine

Experts say this procedure is the first step towards an indictment at the International Court of Justice. The Netherlands' move comes at a time when Russia has launched a full-scale war in Ukraine.

"This move by the Netherlands has been in preparation for a long time," says political reporter Fons Lambie. "Ever since the end of 2020, after the collapse of talks with Russia, this option has been emphatically on the table. But the Ukrainian war in recent weeks has made one thing clear: if anyone in The Hague still had a glimmer of hope for a rapprochement from the Kremlin... That was already virtually hopeless - and now completely so."

Years of attempts

The Netherlands is taking the step together with Australia. There were also many Australian casualties and the country has previously acted with the Netherlands to hold Russia accountable. For a number of years, the Netherlands has been trying to ensure that Russia, as a country, acknowledges liability and, for example, pays out compensation.

After the disaster in 2014, a criminal investigation was launched, with trials now underway against four individual suspects. In 2018, the Netherlands and Australia officially said: the country Russia is liable. Talks were held, but stopped in October 2020 after the Netherlands joined a lawsuit by relatives against Russia at the European Court of Human Rights in Strasbourg. Since then, involved ministries of Foreign Affairs and Justice & Security have looked at various follow-up steps.

--------------------------------------------------------------
Political commentator Frits Wester on the launch of the proceedings:

"Russia actually doesn't care about all these legal proceedings at the European Court of Human Rights and all these civil proceedings. It is not actually cooperating in anything. The Netherlands and Australia still want to use all legal avenues open to them to get Russia to admit guilt and possibly also pay out compensation. Hence this procedure at the ICAO."

"But you have to be a very huge optimist to believe that this action is going to achieve something. Look at the events in Ukraine, Russia is flouting all international treaties, such as the use of certain weapons. Yet the Netherlands, together with Australia, says it wants to do everything in its power to see if something can still be done about it. This step at the International Civil Aviation Organization possibly opens the way for a new suit at the International Court of Justice in The Hague, which has to settle disputes between states. There is a glimmer of hope again, but whether it will succeed, I doubt it."

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Chicago Convention

With the downing of flight MH17, Russia violated the Chicago Convention. That 1944 treaty states that countries are obligated to ensure that civil aviation is safe. Article 3bis of the Chicago Convention states that "every State shall refrain from using weapons against civil aircraft" and "that the lives of persons on board" shall not be endangered.

If the ICAO rules that Russia was at fault, it will put more pressure on Moscow to reengage in talks about liability anyway or as a basis for a subsequent lawsuit. By submitting it to the UN organization now, the Netherlands can then go to the International Court of Justice and start proceedings there against Russia.

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Other coverage In Dutch:
Nederland begint nieuwe procedure tegen Rusland vanwege neerhalen MH17
geenstijl.nl/5164025/nederland-dient-met-australie-klacht-in-tegen-rusland-bij-icao-voor-neerhalen-mh17/

In English:
Netherlands, Australia take Russia to UN aviation body over MH17 - DutchNews.nl
Netherlands & Australia file MH17 complaint against Russia at civil aviation authority

Australia, Netherlands start UN action against Russia over MH17
Netherlands and Australia launch new case against Russia over MH17
Australia, Netherlands Launch New Legal Action Over MH17 - The Moscow Times
 
So far I've found only one report on today's pleading session.
Source (Dutch only): Advocaten MH17-verdachte grossieren in twijfels over bewijs - Nieuws.nl

Lawyers MH17 suspect grossly doubt evidence

16 March 2022 16:48 - Last update: 16-03-2022 16:48
By ANP

The lawyers of Oleg Pulatov, one of the four defendants in the criminal trial surrounding the downing of flight MH17, raised many more questions about the prosecution's evidence during their fourth day of verbal arguments on Wednesday. According to the counselors, it is anything but conclusive and leaves room for numerous doubts. Lawyers Sabine ten Doesschate and Boudewijn van Eijck filleted the forensic investigation in detail and again spoke about the missile fragments that were found.

The counselors believe that the court should reach an acquittal. Earlier they have argued that Pulatov, who denies all accusations, did not have a fair trial, because his guilt was already established by statements of the investigation team. Completely unjustified, according to the lawyers, because there is a lot to be said against the results of the investigation. In their plea, they question the evidential value of the very extensive forensic investigation. A spearhead in that argument is that MH17 may not have been brought down with the help of a Buk missile, as the Public Prosecutor claims, but with another projectile.

Malaysia Airlines flight MH17 was downed over eastern Ukraine on July 17, 2014. The plane had departed from Schiphol Airport and was en route to the Malaysian capital Kuala Lumpur. All 298 occupants were killed. On board were many Dutch people.

It is not known why the plane was downed. The most likely scenario is that pro-Russian separatists present in the area did not realize that it was a passenger flight. Also at that time, an armed conflict was going on in eastern Ukraine.

After an extensive and complex investigation, the prosecution began criminal proceedings against three Russians and one Ukrainian. In addition to Pulatov, these are rebel leader Igor Girkin, his right-hand man Sergei Dubinsky and garrison commander Leonid Khartshenko. According to the prosecution, they played a role in bringing in or taking away the Buk missile system that allegedly shot down the aircraft. The foursome, who are being tried outside their presence, were sentenced to life in prison late last year. Pulatov, an assistant to Dubinsky, is the only one to be represented by lawyers.

A total of 12 session days have been set aside for the plea. On Friday, Ten Doesschate and Van Eijck will continue their plea. The court has scheduled the verdict in the case for the second half of this year.

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Due to extensive coverage of yesterday's municipal elections there have been no further reports on the MH17 trial pleading session, neither Dutch nor in English.

In general, there seems to be little interest in reporting on the pleading actions of the defense lawyers in any detail.
 
Source (in Dutch): ad.nl/mh17/advocaten-mh17-verdachte-tapgesprekken-over-buk-raket-bedoeld-om-oekrainers-af-te-schrikken~a805013db/ (two illustrations omitted)

Lawyers MH17 suspect: 'Tap conversations about Buk missile intended to scare Ukrainians'

The intercepted conversations in which pro-Russian separatists discussed the supply of a Buk missile installation were intended to deter Ukrainian forces. In reality, they had no such missile installation at all. That's what the lawyers of MH17 suspect Oleg Pulatov said to the court at the Schiphol Justice Complex on Friday.

Interior editorial 18-03-22, 16:26 - Latest update: 16:41

Among other things, the taps show how one of the suspects, Sergei Dubinsky, outlines that he can't do anything against the attacks by Ukrainian fighter jets. ,,If I can receive a Buk, it's okay. Otherwise it will be fucked up, because the planes are bombing us from an altitude of more than 5 kilometers." The prosecution sees this as evidence that there was a great need for a Buk missile, and that it was later brought in.

However, these conversations should be interpreted in a different way, Pulatov's lawyers report. ,,They are about military deception, to deter the enemy. The conversations were part of a military plan."

Code words

For example, lawyer Sabine ten Doesschate cites that the pro-Russian separatists were aware that the Ukrainian armed forces were listening in and that code words were therefore used when talking about weapons. ,,But when it comes to the Buk, it is always simply said Buk. And not just once, it is deliberately to make sure that the word cannot be missed."

In addition, Pulatov reported to his lawyers that if a Buk missile was transported by the pro-Russian separatists, it was non-functional. By driving it through the streets it had a "deterrent purpose," according to the defense.

Smoke plume

According to Ten Doesschate it is also far from certain that the photos of a plume of smoke that are in the file are actually photos of a plume of smoke caused by the firing of a Buk rocket. ,,The smoke trail in the photos runs straight up. But a Buk Telar fires at an angle of about 45 degrees."

Since last Monday, the defense has been questioning the prosecution's evidence. One of the focal points is that, in their view, insufficient research was done into possible other missiles that could have been responsible for bringing down the plane.

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Similar coverage (in Dutch): Verdediging MH17: gesprekken over Buk bedoeld om af te schrikken

UPDATES on the procedure at ICAO, the international civil aviation organization of the United Nations (post #1309):

https://www.nst.com.my/news/nation/2022/03/780549/malaysia-take-part-icao-deliberation-downing-mh17
'We can't forget': Daughter of MH17 victims speaks of Russian legal action
 
Source (Dutch only): Verdediging noemt getuigenis over zien Buk-Telar onbetrouwbaar

Defense calls testimony about seeing Buk-TELAR unreliable
ANP - 1 hour ago

SCHIPHOL (ANP) - The testimony of a man who claims to have seen a Buk-TELAR near the agricultural field from which MH17 was shot down, according to the prosecution, is unreliable, according to the defense of defendant Oleg Pulatov. For example, the witness changed elements of his story several times during interrogations and his answers to questions are full of "factual inaccuracies" according to the lawyers.

At issue are the statements of M58, a man who had joined the separatists as a fighter. For security reasons, he remains anonymous. Therefore, when questioned by the defense, he wore a stick-on mustache, wig and glasses and his voice was made unrecognizable.

Pulatov's lawyers cited on Wednesday at the court in the Schiphol Justice Complex that M58 first stated that he had already seen the missile installation in the area near Pervomaiskyi on July 16, 2014. "But later he doubted that once again. It is plausible that he learned between the interrogations that the Buk-TELAR only arrived in the area on the 17th," said lawyer Sabine ten Doesschate.

Influence

The same is true, according to her, as to when the missile installation left again. The prosecution believes that the Buk-TELAR was carried away from the area shortly after firing. During an interrogation in February 2019, M58 says the Buk-TELAR remained in the shade of the trees after firing. "A week later he comes back to this and says, 'after firing I didn't see that Buk anymore'."

The defense believes it appears that the man's memories have been influenced by what information has been brought out over the years, including by the Joint Investigation Team (JIT). "He also stated that he saw the missile hit. But this is impossible," Ten Doesschate said. For example, on the day in question it was too cloudy and the distance to the plane was too great for him to have seen anything. According to the lawyer this shows how big the influence of, for example, the JIT animations may have been.

Validation Study

M58 came forward after a witness appeal by the JIT. "Extensive validation research was carried out by the investigation team into M58's statement. In doing so, his statement was compared with information from other sources," the prosecution announced previously.

MH17 crashed on July 17, 2014 in eastern Ukraine, where an armed struggle was also underway at the time. All 298 occupants were killed in the crash. Among them were many Dutch.

Two weeks ago, the defense began its plea. This week and next week several days have been set aside for it. The court has scheduled the verdict in the case for the second half of this year.

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Source (Dutch only): Advocaten MH17-verdachte vinden anonieme getuige onbetrouwbaar

Lawyers MH17 suspect find anonymous witness disreputable
ANP - 5 hours ago

SCHIPHOL (ANP) - The lawyers of MH17 suspect Oleg Putatov on Thursday raised major questions about the reliability of an anonymous witness listed as "X48" in the dossier. They have not been able to question this "probably Russian-speaking man" in any way. "We know almost nothing about him," lawyer Sabine ten Doesschate said Thursday in court at the Justice Complex in Schiphol.

The witness told that he saw a Buk missile near an agricultural field from which flight MH17 was shot down, according to the prosecution. He is also said to have seen that a missile was later missing from the installation. Pulatov's lawyers have many questions for this man, Ten Doesschate said, but requests to hear him have been rejected by the investigating judge. "As to why, we can only guess. We don't even know if the reason is of a practical nature or for the protection of his identity."

For example, she says, it is not clear whether X48 may have had political or other motives for his statements. The lawyer believes that the court should therefore not include X48's testimony in its final judgment.

Factual inaccuracies

Wednesday the lawyers also mentioned in their plea the serious snags in the testimony of another anonymous witness, M58. During interrogations he changed elements of his story several times, and his answers to questions are full of "factual inaccuracies," according to the lawyers.

Malaysia Airlines flight MH17 was downed on July 17, 2014 in eastern Ukraine, where armed conflict was also going on at the time. All 298 occupants were killed in the crash. Among them were many Dutch citizens.

Plea

Two weeks ago the defense began with the plea. This week and next week several days have been set aside for it. The Russian Pulatov is the only one of the four suspects who is represented by lawyers, he denies the accusations. The others - rebel leader Igor Girkin, his right-hand man Sergei Dubinskyi and garrison commander Leonid Khartshenko - have not responded to calls to appear in court.

The court has scheduled the verdict in the voluminous case for the second half of this year.

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Source (Dutch only): Advocaten vinden 'vergis-scenario' in neerhalen MH17 niet logisch

Lawyers deem 'mistake scenario' in downing MH17 not logical
ANP - 2 hours ago

SCHIPHOL (ANP) - The prosecution's scenario that pro-Russian separatists downed Flight MH17 because they thought it was a military plane is not well founded, according to Oleg Pulatov's lawyers. "Nothing shows that anyone could have thought so. For example, no telephone conversation has been found in which a spotter relayed that a military plane was approaching," the lawyers argued, adding that they also presented an alternative scenario for the downing of the plane in the morning session.

The defense finds it "not logical" that MH17, with many Dutch people on board, was shot down with a Buk-TELAR by the separatists in eastern Ukraine. For example, such missile systems are equipped with radar and a professional crew, and numerous other civilian aircraft were already flying past on that particular July 17, 2014. "It is inexplicable that it then still went so wrong. That does not give the reassurance that the prosecution has it right," said lawyer Sabine ten Doesschate in front of the court in Schiphol.

Pulatov, who has denied involvement, is the only one of the four suspects to be represented by lawyers. The others - rebel leader Igor Girkin, his right-hand man Sergei Dubinskyi and garrison commander Leonid Khartshenko - have not responded to calls to appear in court. According to the defense, acquittal should follow.

Plausible scenario

What constitutes another explanation for the downing of MH17, the defense describes, is that a missile was fired by the Ukrainian armed forces at an at that time unidentified aircraft that was approaching from Russia. According to Ten Doesschate, the armed forces may have been under the impression that this was a military flight, given that they had heard in intercepted conversations from separatists that "friendly planes" were coming.

The so-called 'lock-on' of this missile, in which a target is followed until it is in range, may have jumped over to MH17, according to the defense. Incidentally, it was later revealed that this unidentified aircraft was an Air India plane. This shooting down would then have happened near the town of Zaroshchenske. "We do not argue that this scenario is definite, only that it is a plausible scenario."

The prosecution has previously argued at length that alternative scenarios have been ruled out. For example, it reported that an investigation into a possible firing location near Zaroshchenske actually yielded indications that no missile was fired from here.

The lawyers for Pulatov will complete their plea next week. The verdict is scheduled for the second half of this year.

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Source (Dutch only): Advocaten: MH17-verdachte niet verantwoordelijk voor tragedie

Lawyers: MH17 suspect not responsible for tragedy
ANP - 2 hours ago

SCHIPHOL (ANP) - The lawyers of MH17 suspect Oleg Pulatov argued Monday, on the eleventh day of their plea, that the Russian knew nothing about a Buk missile, the weapon with which the plane was believed to have been shot out of the sky. They believe he should be acquitted. A life sentence has been demanded against Pulatov and three co-defendants.

Malaysia Airlines flight MH17 was shot down on July 17, 2014 in eastern Ukraine, where an armed struggle was also going on at the time. All 298 occupants were killed in the crash. Among them were many Dutch.

According to the Public Prosecutor's Office, overheard telephone conversations show that Pulatov is talking about the Buk missile. His lawyer Sabine ten Doesschate disputes that. "Client is not one of the people responsible for this tragedy."

Verdict

Three weeks ago, the defense began the plea procedure. Wednesday afternoon it will be completed. The lawyers went into great detail on all parts of the indictments. According to them, there is no evidence against Pulatov.

The Russian is the only one of the four suspects to be represented by lawyers. The others - rebel leader Igor Girkin, his right-hand man Sergei Dubinskyi and garrison commander Leonid Khartshenko - did not respond to calls to appear in court.

The court has scheduled the verdict in the voluminous case for the second half of this year.

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Palinurus said:
Source (Dutch only): Advocaten: MH17-verdachte niet verantwoordelijk voor tragedie
Click to expand...
Three weeks ago, the defense began the plea procedure. Wednesday afternoon it will be completed. The lawyers went into great detail on all parts of the indictments. According to them, there is no evidence against Pulatov.
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Just getting caught up. So, thanks for posting the recent legal court progression, even though the law of fact and evidence will undoubtedly not be served. So, yes, right, it may likely in the end be 'according' to the court to decide upon the prosecutions case evidence, evidence that has already been decided upon in the back chambers.

Just happened to reread the July 19th, 2014 session transcript again today, and in light of these dark days, it is an interesting recap, not just about the MH17:

Snip:
Q: (L) Okay. We're going to change topics here. As you know, we just had this plane fall out of the sky over the Ukraine. Immediately the US blamed Russia, and then it started blaming the Russian-aided freedom fighters in East Ukraine. Meanwhile, the Russians say it was clearly the Ukrainians in conjunction with US/NATO/UK/Whoever. So, I guess the first thing we ought to ask is: What brought the plane down?

A: [Spiraling] Bomb on the plane placed there prior to departure.
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And the rest can be read directly in the session (and from the 87 or so pages in this thread, as well as the many excellent articles on SOTT).

So, when at the close of this trial, Judge Hendrik Steenhuis's gavel finally falls, one must look to the families and their pain, knowing that so much countering evidence will have never been spoken of or presented in court. It may in the main also never be fully realized what was invested to Kiev, to help them control and manufacture evidence. The court itself will be deprived of so many eyes and voices, to be left unseen and heard of by design. If and when the veil is ever lifted away from the lies to reveal truth, the families will once again be subjected to the pain of knowing justice had not served their loved ones that day - when the judges hammer fell.

From De Doofpotdeal ("The Cover Up Deal") by Joost Niemoller:

"The Netherlands took charge of the investigation into the cause of the disaster, but agreed to grant a covert deal to Kiev.

It thus became a pawn in an international political chess game. Unvarnished Cold War rhetoric is making a comeback.

Putin here is the ultimate bad guy. What he says is labeled as poisonous propaganda in the West. Meanwhile, it seems, all those concerned suffer from tunnel vision.

Can we still be assured that the investigators do their work independently and objectively?"
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Today marks the final session of the lawyer's pleading. Reporting on it is rather brief: one announcement and two identical overviews with a summary of arguments already posted here previously. The trial will resume on May 16 with the prosecutor's answers to the pleading arguments. The lawyers will then have their say again on those somewhere in June.

Sources (all Dutch):
Advocaten MH17-verdachte Poelatov ronden pleidooi af
Dit is waarom advocaten MH17-verdachte vrijspraak willen: ‘Hij drukte niet op de knop en gaf opdracht niet’
ad.nl/mh17/dit-is-waarom-advocaten-mh17-verdachte-vrijspraak-willen-hij-drukte-niet-op-de-knop-en-gaf-opdracht-niet~aa235eca/
 
Source: Rutte: Dutch authorities will share MH17 experience to aid Ukraine war crimes investigation

Tuesday, April 12, 2022 - 17:50

Rutte: Dutch authorities will share MH17 experience to aid Ukraine war crimes investigation​


Experts from the Dutch police and Public Prosecution Service will share the knowledge they gained in the MH17 investigation with the International Criminal Court (ICC) to aid it in its investigation into war crimes in Ukraine, Prime Minister Mark Rutte said on Twitter. The Dutch leader wrote a series of messages on the social media service after speaking with Ukrainian President Volodymyr Zelenskyy on Monday.

"There must be coordination between the various accountability initiatives," Rutte said. "Agreements must be reached on the standards that evidence must meet. We must avoid a situation where information that has been collected cannot be used later in court."

The Netherlands will also give financial support to the ICC to "support its work as a whole," Rutte said.

"The atrocities of the past weeks demand a powerful response. The Netherlands will not rest until every apparent war crime has been investigated and those responsible have been prosecuted," he said.

Foreign Minister Wopke Hoekstra announced on Monday an initial commitment of one million euros extra to help fund the ICC. He said that the people responsible for the "obvious crimes" committed in Ukraine must not get away with it.
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Palinurus said:
...to aid Ukraine war crimes investigation
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Unfortunately, as was expected - conflating and demonizing.

"The atrocities of the past weeks demand a powerful response. The Netherlands will not rest until every apparent war crime has been investigated and those responsible have been prosecuted," he said.
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