ИСТИНА

Almost three years ago, a civilian Malaysian airplane was shot down over the zone of armed hostilities in eastern Ukraine, killing all of the 298 people on board. Significant progress has been reached in the international investigation of this crime. However, after a failure of the UN Security Council to establish a special criminal tribunal in July 2015, a decision on the most effective prosecution and adjudication mechanism yet has to be made by the affected States. The paper discusses the main remaining options for prosecution and trial of those responsible for the tragedy of MH 17, including the national trial and organization of a special tribunal. While discussing the advantages and disadvantages of the said options, particular attention is paid to the possible involvement of regional organizations and triggering the potential of Chapter VIII of the UN Charter. This option is investigated as part of a wider trend of regionalizing international criminal Concurring panels 64 Concurring panels 65 justice and will be situated in the wider political economy of regional actors. The paper also addresses the substantive law issues related to the MH 17 incident. In this light, the MH17 incident itself reflects new realities of the contemporary armed conflicts and as such may serve to stimulate the development of international criminal law beyond the traditional core international crimes, as well as diversity of international criminal justice more generally as this form of law becomes increasingly regionalized.