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The responsibility of a State in the shooting down of Malaysian Airlines flight MH17

2019; Elsevier BV; Volume: 43; Linguagem: Inglês

10.1016/j.trpro.2019.12.025

2352-1465

Ewa Jasiuk, Anna Konert, Aleksandra Detyniecka, Elwira Targońska,

International Law and Human Rights

The aim of the article is to discuss the issue of state responsibility in the aspect of the downing of the Malaysian Airlines flight MH17 during military operations in Eastern Ukraine. The subject of the considerations contained in the article is to determine how the state is responsible in the light of international law for this type of action. The authors undertake to prove the thesis that in the light of international law, the state, in addition to liability for voluntary commitments, may be responsible, due to territorial authority, for ensuring that its authorities and persons on its territory comply with other generally applicable rules, such as for example the rules of the non-use of weapons against civil aircraft.