German families to sue Ukraine over MH17 deaths

Over two months since Malaysia Airlines flight 17 was shot down over eastern Ukraine, killing 298 people, three German families are set to file suit against Kyiv for negligence.

German weekly Bild am Sonntag reported that the lawyer representing the families would bring the claims before the European Court of Human Rights, demanding 1 million euros ($1.29 million) compensation for each victim.

Elmar Giemulla, who specializes in aviation law, argues that Ukraine should have closed its airspace if it couldn't guarantee the security of planes above the conflict zone.

"By keeping its airspace open for transit by aircraft from other countries, the state must ensure the safety of the flights. If this is temporarily impossible, it means that it should close its airspace."

"Since that didn't happen, Ukraine is liable for damages," he told the Associated Press news agency in an email.

Evidence against Russia 'not yet sufficient'

The MH17 Boeing 777 exploded over separatist-held eastern Ukraine on July 17, killing all 298 on board. The airline said 193 of the victims were Dutch and four German.

A report by a Dutch-led team of air crash investigators appears to back up claims that the plane was hit by an anti-aircraft missile. Kyiv and the West have accused separatists of shooting it down with a surface-to-air BUK missile supplied by Russia - a charge Moscow denies.

Giemulla, who has invited all MH17 victims' families to join the suit, said the litigation would not target Russia as "the evidence was not yet sufficient." However, he said he would file a lawsuit against Moscow if enough such evidence were gathered. "For this I'm dependent on the support of Western governments," he said.

gb/bw (AP, AFP)