The Kingdom of the Netherlands
and
Ukraine
(hereinafter the “Parties”),
Recalling the downing of Malaysia Airlines flight MH17 on 17 July 2014 in Donetsk Oblast, Ukraine,
which resulted in the tragic loss of 298 lives;
Considering that UN Security Council Resolution 2166 (2014) demands that those responsible for
the downing of Malaysia Airlines flight MH17 be held to account and that all States
cooperate fully with efforts to establish accountability;
Noting that Australia, the Kingdom of Belgium, Malaysia, the Kingdom of the Netherlands
and Ukraine are participating in a Joint Investigation Team (JIT) to coordinate the
international criminal investigation, with the aim of bringing the perpetrators to
justice;
Considering that the States participating in the JIT have determined that it is in the interests
of the proper administration of justice that the prosecution and adjudication of crimes
connected with the downing of Malaysia Airlines flight MH17 are concentrated in the
Kingdom of the Netherlands;
Noting that judicial authorities of the States participating in the JIT have agreed to consult
each other in relation to prosecution or related measures connected with the downing
of Malaysia Airlines flight MH17;
Taking into account the Agreement on cooperation between Ukraine and Eurojust, done at Brussels on 27
June 2016 and the Agreement between Ukraine and the European Police Office on operational
and strategic cooperation done at The Hague on 14 December 2016;