Crossing borders: A victimological perspective on the legal aftermath of the downing of flight MH17

On 17 July 2014, Flight MH17 was downed over eastern Ukraine. This paper analyzes the public response to MH17 and its legal aftermath, focusing on the victimological elements in this process, connecting this to broader features of the victimology of international crimes, and highlighting the distinction between doing justice and countering injustice. The victimological elements in the criminal proceedings against four Russia-backed commanders and the proceedings against Russia are analyzed through three victimological concepts: (1) the nature of the victimization and its aftermath as storied events in victims’ lives, (2) the importance of communion/connection, and (3) the value of sufficient recognition of the epistemic qualities of victimization. The analysis shows that MH17 can be understood as a paradigm of an emerging practice within the scope of international criminal justice, addressing crimes that typically involve large groups of victims and are often legitimized by expressed concern with victims. The paper concludes that although victim-focused practices add complexity to the responsibilities of atrocity prosecutors and other justice actors, they help develop a victim perspective suitable for atrocity contexts. This approach allows trials to honor their value by providing a forum for addressing injustice, where traditional justice may remain elusive.