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A Study On Jurisdiction Of The Malaysia Airlines Mh17 Crash

Posted on:2017-03-19Degree:MasterType:Thesis
Country:ChinaCandidate:M LiuFull Text:PDF
GTID:2296330485989600Subject:Law
Abstract/Summary:PDF Full Text Request
July 17, 2014, Malaysia Airlines MH17 plane was hit by a missile when flying over the airspace of Ukraine and then crashed by an explosion.283 passengers and 15 crew members were killed. Malaysia Airlines MH17 plane crashed in eastern Ukraine’s Donetsk region, this area is the fire zone of Ukrainian government troops and rebels, it can be inferred that Malaysia Airlines flight MH17 plane was affected by an armed conflict. Based on this fact, according to the provisions of existing international treaties, shot down the civil aircraft is a serious criminal behavior, it can threat the civil aviation safety, Those country such as the country where the crime occurred, the country of registration of the aircraft, the country that the criminals appear can based on the relevant international treaties or domestic law and ICJ Statute on the exercise of criminal jurisdiction; in accordance with the provisions of the International Criminal Court can based on the "Statute of the International Criminal Court" to exercise the criminal jurisdiction. This article introduces the incident and the background of Malaysia Airlines MH17 event, then analyzed the jurisdiction of national and international judicial organs on Malaysia Airlines MH17 event. This article discussed the question of jurisdiction from the following parts of Malaysia Airlines MH17 event:The first part is the introduction of this paper, first elaborated the purpose and significance of the research, then introduces the research status at domestic and abroad on Malaysia Airlines MH17 current events, and finally presented the main ideas and innovations of this paper.The second part reviewed the Malaysia Airlines MH17 event, and describes the background of the incident.The third part discusses the jurisdiction of countries. Firstly,introduced the International Convention, namely "Tokyo Convention", "Hague Convention" and "Montreal Convention." combined with the fact that Malaysia Airlines MH17 events, analyzes the jurisdiction of the country where the crime took place, aircraft registration country and the country where criminals appear.The fourth part based on the "the Statute of the International Criminal Court" and the "Statute of the Court", introduce the jurisdiction of International Criminal Court and the International Court of Justice, combined with the fact that Malaysia Airlines MH17 event, described the jurisdiction of International Criminal Court and the International Court of Justice on Malaysia Airlines MH17 event.
Keywords/Search Tags:Malaysia Airlines MH17 crash, Jurisdiction, The International Criminal Court, International Court of Justice
PDF Full Text Request
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