In the days since the shoot-down of Malaysian Airlines 17 over eastern Ukraine, the press and many diplomats have been consumed with questioning whether Russians or pro-Russian separatists in eastern Ukraine shot down the civilian jetliner. With all due respect, any answer is a distinction without a difference. To ascribe any degree of independent thought to the pro-Russian separatists is to be played for fools by Russia itself. Indeed, it is a common practice among rogue regimes to sponsor proxies to enable plausible deniability.
The fighters in Donetsk are to Russia what Hezbollah is to Iran. Rather than give the Kremlin an out for the actions of anyone under separatist leader Igor Girkin who, according to press reports, was a member of the KGB-successor agency the FSB until last year, the proper response would be to acknowledge that the buck stops with Vladimir Putin. If Putin did not want to risk such accountability, then he shouldn’t tolerate, channel, or use men such as Girkin to advance Russian policy.
Nor should there be such handwringing over the denial of access to investigators seeking to investigate the wreckage. Would it be better if such investigations occurred unimpeded? Sure. But rather than allow Russia and its proxies to avoid accountability by undercutting the investigation into the murder of all those onboard MH17, the United States, Europe, and Malaysia should simply declare that Girkin and Putin will be considered guilty unless there is immediate access to the crash scene. To worry about access highlights one more reason why terrorism—and, make no mistake, this was an act of terror—should be considered a military matter and not a judicial issue to be subject to judicial standards of evidence. Even for those who favor process over justice and who are prone to see the shoot-down through the lens of criminality, then perhaps a better analogy would be to consider the case of a suspected drunk driver who refuses a Breathalyzer test. No policeman or court would agree that refusal to take the breath test would mandate a not-guilty verdict to drunk driving.
It’s understandable that air disaster investigators want as clean a process as possible to their investigation. But if that is not possible for geopolitical reasons, then rather than allow Russia to avoid accountability, it is time to respond—economically against Russia and perhaps with unilateral action against the Donestk commanders without any further delay. After all, only the guilty would impede the investigation, so such impediment should be taken for what it is—an admission of guilt.