Commentary: Putin is now implicated in the downing of flight MH17 – so why is the investigation shutting down?

The key problem is access to information: Russia has consistently refused to accept responsibility and has prevented the investigators from gathering evidence from Russian nationals. Russia is also accused of falsifying evidence.

Investigators believe the launcher crew were members of the 53rd brigade of the Russian military, based in Kursk. It seems likely those crew members, if they were available for questioning, could explain what their assignment was in Ukraine and why MH17 was shot down.

The team also found evidence the separatists were in touch with Russian intelligence and the Kremlin. They requested, and were granted, access to heavier air defence systems. Investigators believe Russia was actually in control of the “Donetsk People’s Republic” separatist movement in July 2014. Russia denies this.

However, it’s Putin’s potential involvement that’s capturing the most attention. According to investigators, there are “strong indications” Putin decided to supply the BUK-TELAR launcher to the separatists.

Intercepted phone calls served as evidence that Putin is the only person with authority to approve the provision of heavy air defence systems like the BUK-TELAR to the separatists. The team believes Putin authorised the delivery of even heavier air defence systems, but it does not have conclusive enough evidence to pursue charges.

In any case, at the moment, Putin enjoys head of state immunity.

CAN RUSSIA STILL BE HELD ACCOUTABLE?

While the investigation is now suspended, it could be revived in the future. Investigators said they are available to receive evidence from the Russian authorities or Russian witnesses, and that further information could lead to future prosecutions.