Bringing together the best Interpreter articles you were too busy to read this week.
The senseless shooting down of flight MH17 continues to dominate the news, and both Michael Fullillove and myself have written columns on the implications for Australia. Here on The Interpreter, our contributors been commenting on developments. You can read the whole thread here, but below I've highlighted some pieces.
Peter Knoope, Director of the International Centre for Counter-Terrorism in The Hague, contributed an outstanding piece of controlled fury:
With 193 Dutch citizens killed in the MH17 tragedy, the Netherlands is in shock. The country is mourning. Everybody seems to know someone who is directly affected by this terrible loss. The mourning is slowly but surely transforming into outrage that will push the Dutch Government into visible response and action.
We don't know exactly what happened. But is seems plausible that it was an 'unintended' incident in an armed conflict between separatists on the one side and national Ukrainian forces on the other. Unintended or not, factions and individuals are still accountable for what they have done. The questions 'Who did this?' and 'Who supplied the military support, technology, know-how and weaponry to execute such an attack?' are relevant to the victims and the population at large. Justice needs to have its way. The public is expecting and demanding as much.
The international legal ramifications of the MH17 shootdown are exceedingly complicated. Danielle Rajendram breaks it down:
A number of options for legal recourse have been raised.
The first is to prosecute the perpetrators of this crime under the domestic law and courts of one of the injured parties. This was the approach taken for the Lockerbie bombing trial, in which two Libyan nationals were tried under Scottish law in the Netherlands for their involvement in the bombing of Pan Am Flight 103 over Scotland. Ukraine would certainly have jurisdiction over any crime committed in its airspace, and it is likely that injured nations such as the Netherlands, Malaysia, or even Australia may also have jurisdiction to prosecute this crime.
Another is that the perpetrators of the incident be brought before the International Criminal Court (ICC). The ICC is charged with dealing with individuals for the offences of genocide, crimes against humanity, war crimes, and the crime of aggression. As prosecution of crimes against humanity requires acts to be committed as part of a 'widespread and systematic attack,' the most likely avenue for pursuing justice for victims of the MH17 attack in the ICC would be under the Court's jurisdiction over war crimes.
James Brown and Brendan Thomas-Noone both commented on the potential of an international security presence to protect air crash investigators at the MH17 site. James stated that a police-led approach is the right solution:
This will take some time to achieve. Julie Bishop will be negotiating a sort of status-of-forces agreement with the Ukraine detailing what powers of arrest police officers will have, what happens to them in the event they are involved in a car crash or other legal matter, and the circumstances in which they might be authorised to use their personal weapons. The AFP will be thinking about how it might detain people trying to interfere with the crash site, which authorities those detained might be transferred to, and the logistics of maintaining 50 or so officers in a fairly remote rural area in Eastern Europe.
This will be a military-enabled mission. Military aircraft are already involved in moving bodies from Ukraine to Amsterdam and might be involved in moving the international police force and possibly aircraft parts recovered from the crash site. Military intelligence will be crucial to an ongoing security assessment of the area in which the investigation will take place, and there will need to be detailed liaison between the AFP and Defence on the local intelligence picture. Finally, the Australian Defence Force is thinking through worst case contingencies. If an AFP officer is kidnapped by a local separatist group, the recovery effort could involve the ADF's Special Operations Command. If the situation in Eastern Ukraine deteriorates and a tentative ceasefire collapses, military forces might be required to evacuate the international investigation force.
Brendan wrote on a potential peacekeeping force:
The UN Security Council mandate secured by Australia and the Netherlands earlier this week leaves open the option of using a peacekeeping force to secure the crash site and the safety of international investigators. The language used in the mandate is clear. The Security Council called for a 'full, thorough and independent international investigation into the incident', demanded that the armed rebel groups in the area 'refrain from any actions that may compromise the integrity of the crash site' and most importantly expressed 'grave concern at reports of insufficient and limited access to the crash site.'
A UN peacekeeping operation could be built off this mandate. Such an operation would need to be authorised by the Security Council and passed by its five permanent members, including Russia. This would be difficult, but Russia passed the resolution authorising the investigation earlier this week on the condition that the resolution did not assign blame. Moscow could see this as an opportunity to show goodwill and further de-escalate the situation, particularly if the peacekeeping forces came from countries outside of NATO.
Mike Callaghan looked at the chances of Russian President Vladimir Putin attending the G20 Summit in Brisbane in November:
Australian public opinion, and that in some other countries, may remain strongly opposed to allowing Putin to attend the Brisbane Summit. It is possible that, given such controversy and the prospect of a hostile reception in Australia, Putin may choose not to come. But if Australia did not let Putin attend, other countries may oppose and conceivably bring into question their attendance. Should this eventuate, the future of the G20 could come into question, particularly if those not attending were major emerging markets. The strength and significance of the G20 is that it brings together the leading advanced economies and emerging markets. In addition, political and security issues would be brought front and centre in G20 deliberations, overshadowing the economic agenda.
The coming months could be very tricky ones for Australia, given its role as G20 chair for 2014.
A number of delegates to the AIDS 2014 conference were killed on the Malaysian Airlines flight, and Annmaree O'Keefe reported from the conference on the long shadow cast by MH17:
The mood at last night's opening was sombre and the six were well missed. But HIV has stalked many of the 12,000 people attending this week-long conference, so the threat of death has never been far from their minds. As Australia's eminent jurist Michael Kirby (pictured) said in his opening address last night, people affected by HIV/AIDS are no strangers to suffering, irrationality and hatred. They are also no strangers to death.
So the conference refuses to be bowed by an outrageous act. Instead, it is using the tragedy to spotlight an ongoing outrage: the human rights abuse, happening in many parts of the world, which curses the lives of people either infected or affected by HIV and AIDS.
It's true there has been significant success in pushing back HIV's advance over the past three decades. UNAIDS estimates that the global effort to fight HIV has averted 7 million deaths since 2002 and averted 10 million new infections. Globally, the rate of new HIV/AIDS infections continues to decline. New infections among adults in developing countries in 2012 were 30% lower than in 2001.
Nick Bryant posted from New York on the machinations behind the Australian-sponsored UN Security Council resolution 2166:
After the meeting, which ended at one o'clock on Monday morning, (Russian UN representative Vitaly) Churkin indicated that Russia's reservations had been addressed, but still would not say for sure whether his hand would be raised in favour of the resolution. Moscow knew that a veto would be met by an international outcry, and be received, as Tony Abbott put it, 'very very badly'. So minutes before the Security Council gathered for its mid-afternoon meeting on Monday, Churkin indicated Russia's support, which meant the resolution passed unanimously.
Unquestionably, this is a significant achievement for Australian diplomacy.
Having announced on Friday that it was determined to get a resolution, it managed to secure passage in the space of 72 hours. That may seem slow for those unfamiliar with the tortured geopolitics of the Security Council, but, in UN terms, it is close to warp speed. Some of the Australian diplomats involved in the negotiations were working on an hour's sleep. This was a round-the-clock endeavour.
Still on the Security Council, here's Richard Gowan on using 'the art of the possible' to get action on Ukraine (and Syria):
To get Moscow's support for the Ukrainian resolution, Australia and its allies watered down their text. Security Council Report, a think-tank that tracks day-to-day UN negotiations in detail, summarises some of the intricate niceties involved:
"In the initial exchange over the original draft, it seems China and Russia stressed the importance of not prejudging the outcome of the investigations. The initial text of the draft resolution contained a paragraph which condemned the 'shooting down' of flight MH17. This was changed to 'the downing' of the MH17 flight. This was likely done as some members insisted that no conclusions should be made until a thorough investigation is completed, making the reference to 'shooting down' unacceptable."
But the details are still solid, including a specific demand for investigators to access the crash site and a call for whoever is responsible to be held accountable.
Australia seems to have learned the art of letting Russia save face at the Security Council while backing it into concessions on matters of substance. This is no small feat as Britain, France and the US have ended up colliding with Russia at the UN in unproductive spats over both Syria and Ukraine.
But the devil is still in the details.
Matthew Sussex wrote that Russia has fundamentally mismanaged its response to the MH17 tragedy:
From a domestic perspective, Putin's vigorous defence of Russia was understandable. He sees trial by an independent media as a Western affliction and has prevented it from gaining a foothold at home. Domestic political reasons prompted his officials to stress that there was no evidence of direct Russian involvement. And Moscow's confused response strongly suggests the Kremlin was as surprised as anyone else by the downing of MH17.
But in an international tragedy, winning external public relations battles is initially much more important than domestic manoeuvring. On that score, Putin's crisis management strategy has failed badly. It has failed to deflect attention away from suspected Russian involvement in the shoot-down, much less the ongoing conflict. And it has failed to mollify foreign governments demanding a secure crash site to identify and repatriate their nationals. Hence Russia has appeared obstructionist rather than proactively seeking to help.
A public relations disaster prompted by MH17 is potentially a huge blow to Russia's regional ambitions.
Will MH17 mean stronger European sanctions on Russia over its conduct in Ukraine? Maybe, argued James Bowen:
Just a day before the downing of the MH17, Obama reluctantly went it alone, beefing up penalties on Russia's energy and defence interests over its continued material and ideological support for the Ukrainian rebels, while Europe opted only for so-called 'Tier 2' actions that froze assets and banned travel for Vladimir Putin's closest offsiders.
Obama will have been pleased to see UK Prime Minister David Cameron's support for escalating to the tougher Tier 3 sanctions in light of the disaster, and calling for the continent to 'make our power, influence and resources count'. He will no doubt closely follow announcements out of Brussels, and indeed Berlin and Paris, to see how far that wave of indignation spreads.
Photo by Flickr user Javier Santos.