1. (Causing an aircraft to crash)
Principal charge (functional perpetration or co-perpetration)
on or around 17 July 2014, in Ukraine (in the Donetsk oblast)he, together and in association with one or more others, or alone, as functional perpetrator or co-perpetrator, intentionally and unlawfully, caused an aeroplane (namely flight MH17) to crash, by firing a Buk missile by means of a Buk TELAR (near Pervomaiskyi), although this was likely to endanger the lives of the occupants of said aeroplane (of whom the 298 names are set out in the annex to this indictment) and said occupants were killed as a result;
(Sections 168 and 47 of the Dutch Criminal Code)
Alternative charge (co-perpetration)
on or around 17 July 2014, in Ukraine (in the Donetsk oblast)he, together and in association with one or more others, intentionally and unlawfully, caused an aeroplane (namely flight MH17) to crash, by firing a Buk missile by means of a Buk TELAR (near Pervomaiskyi), although this was likely to endanger the lives of the occupants of said aeroplane (of whom the 298 names are set out in the annex to this indictment) and said occupants were killed as a result;
(Sections 168 and 47 of the Dutch Criminal Code)
Further alternative charge (co-perpetration of incitement)
on or around 17 July 2014, in Ukraine (in the Donetsk oblast), one or more others, together and in association, or alone, intentionally and unlawfully, caused an aeroplane (namely flight MH17) to crash, by firing a Buk missile by means of a Buk TELAR (near Pervomaiskyi), although this was likely to endanger the lives of the occupants of said aeroplane (of whom the 298 names are set out in the annex to this indictment) and said occupants were killed as a result;
which offence the accused incited intentionally, together and in association with one or more others, or alone, in or around the period of 8 June 2014 to 17 July 2014, in Ukraine (and the Russian Federation), by abuse of authority and/or providing opportunity, means and/or information, (using his or their position of authority) by:
- requesting and/or ordering provision of a (Russian) air defence system (with crew), or having this or these requested and/or ordered,
- announcing the need for air defence in support of the armed conflict of the Donetsk People’s Republic (around Stepanivka and Marynivka) to the commander or commanders and/or crew of said Buk TELAR, or by having this need announced,
- announcing a suitable site or launch site to the crew and/or escort or escorts and/or transporter or transporters of said Buk TELAR, or by having this announced,
- providing the crew and/or escort or escorts and/or transporter or transporters of said Buk TELAR with a telephone with a Ukrainian telephone number, or by having it or them provided with said telephone, in order to be able to communicate effectively with other persons involved,
- by transporting and/or escorting said Buk TELAR and/or the crew of said vehicle on the route or part thereof to the launch site near the town of Pervomaiskyi, or by having this or these transported and/or escorted,
- and/or
- by guarding and/or hiding said Buk TELAR, or by having it guarded and/or hidden;
(Sections 168 and 47 of the Dutch Criminal Code)
Furthest alternative charge (co-perpetration of complicity)
on or around 17 July 2014, in Ukraine (in the Donetsk oblast), one or more others, together and in association, or alone, intentionally and unlawfully, caused an aeroplane (namely flight MH17) to crash, by firing a Buk missile by means of a Buk TELAR (near Pervomaiskyi), although this was likely to endanger the lives of the occupants of said aeroplane (of whom the 298 names are set out in the annex to this indictment) and said occupants were killed as a result;
to this end and/or in committing said offence, the accused, together and in association with one or more others, or alone, intentionally provided, in or around the period of 8 June 2014 to 17 July 2014, in Ukraine (in Donetsk oblast), opportunity and/or means and/or information and/or intentionally assisted in its commission by:
- announcing the need for air defence in support of the armed conflict of the Donetsk People’s Republic (around Stepanivka and Marynivka) to the commander or commanders and/or crew of said Buk TELAR, or by having this need announced,
- announcing a suitable site or launch site to the crew and/or escort or escorts and/or transporter or transporters of said Buk TELAR, or by having this announced,
- providing the crew and/or escort or escorts and/or transporter or transporters of said Buk TELAR with a telephone with a Ukrainian telephone number, or by having it or them provided with said telephone, in order to be able to communicate effectively with other persons involved,
- by transporting and/or escorting said Buk TELAR and/or the crew of said vehicle on the route or part thereof to the launch site near the town of Pervomaiskyi, or by having this or these transported and/or escorted,
- and/or
- by guarding and/or hiding said Buk TELAR, or by having it guarded and/or hidden;
2. (Murder/Manslaughter)
Principal charge (functional perpetration or co-perpetration)
on or around 17 July 2014, in Ukraine (in the Donetsk oblast)he, together and in association with one or more others, or alone, as a functional perpetrator or co-perpetrator, intentionally (and with premeditation), took the lives of the occupants of an aeroplane (namely flight MH17) (of whom the 298 names are set out in the annex to this indictment), by using a Buk TELAR to fire a Buk missile at that aeroplane (near Pervomaiskyi), which caused said aeroplane to crash and said occupants to die;
(Sections 289, 287, and 47 of the Dutch Criminal Code)
Alternative charge (co-perpetration)
on or around 17 July 2014, in Ukraine (in the Donetsk oblast) he, together and in association with one or more others, intentionally (and with premeditation), took the lives of the occupants of an aeroplane (namely flight MH17) (of whom the 298 names are set out in the annex to this indictment), by using a Buk TELAR to fire a Buk missile at that aeroplane (near Pervomaiskyi), which caused said aeroplane to crash and said occupants to die;
(Sections 289, 287, and 47 of the Dutch Criminal Code)
Further alternative charge (co-perpetration of incitement)
on or around 17 July 2014, in Ukraine (in the Donetsk oblast) he, together and in association with one or more others, or alone, intentionally (and with premeditation), took the lives of the occupants of an aeroplane (namely flight MH17) (of whom the 298 names are set out in the annex to this indictment), by using a Buk TELAR to fire a Buk missile at that aeroplane (near Pervomaiskyi), which caused said aeroplane to crash and said occupants to die;
which offence the accused incited intentionally, together and in association with one or more others, or alone, in or around the period of 8 June 2014 to 17 July 2014, in Ukraine (and the Russian Federation), by abuse of authority and/or providing opportunity, means and/or information, (using his or their position of authority) by:
- requesting and/or ordering provision of a (Russian) air defence system (with crew), or having this or these requested and/or ordered,
- announcing the need for air defence in support of the armed conflict of the Donetsk People’s Republic (around Stepanivka and Marynivka) to the commander or commanders and/or crew of said Buk TELAR, or by having this need announced,
- announcing a suitable site or launch site to the crew and/or escort or escorts and/or transporter or transporters of said Buk TELAR, or by having this announced,
- providing the crew and/or escort or escorts and/or transporter or transporters of said Buk TELAR with a telephone with a Ukrainian telephone number, or by having it or them provided with said telephone, in order to be able to communicate effectively with other persons involved,
- by transporting and/or escorting said Buk TELAR and/or the crew of said vehicle on the route or part thereof to the launch site near the town of Pervomaiskyi, or by having this or these transported and/or escorted,
- and/or
- by guarding and/or hiding said Buk TELAR, or by having it guarded and/or hidden;
(Sections 289, 287, and 47 of the Dutch Criminal Code)
Furthest alternative charge (co-perpetration of complicity)
on or around 17 July 2014, in Ukraine (in the Donetsk oblast) he, together and in association with one or more others, or alone, intentionally (and with premeditation), took the lives of the occupants of an aeroplane (namely flight MH17) (of whom the 298 names are set out in the annex to this indictment), by using a Buk TELAR to fire a Buk missile at that aeroplane (near Pervomaiskyi), which caused said aeroplane to crash and said occupants to die;
to this end and/or in committing said offence, the accused, together and in association with one or more others, or alone, intentionally provided, in or around the period of 8 June 2014 to 17 July 2014, in Ukraine (in Donetsk oblast), opportunity and/or means and/or information and/or intentionally assisted in its commission by:
- announcing the need for air defence in support of the armed conflict of the Donetsk People’s Republic (around Stepanivka and Marynivka) to the commander or commanders and/or crew of said Buk TELAR, or by having this need announced,
- announcing a suitable site or launch site to the crew and/or escort or escorts and/or transporter or transporters of said Buk TELAR, or by having this announced,
- providing the crew and/or escort or escorts and/or transporter or transporters of said Buk TELAR with a telephone with a Ukrainian telephone number, or by having it or them provided with said telephone, in order to be able to communicate effectively with other persons involved,
- by transporting and/or escorting said Buk TELAR and/or the crew of said vehicle on the route or part thereof to the launch site near the town of Pervomaiskyi, or by having this or these transported and/or escorted,
- and/or
- by guarding and/or hiding said Buk TELAR, or by having it guarded and/or hidden.
(Sections 289, 287, 47 and 48 of the Dutch Criminal Code)