Giemulla has put the government in Kiev directly on trial in an international court for the first time in the MH17 case. The coronial court proceeding in Australia, and the postponed inquests in the UK, are investigations of cause of death, and only indirectly address responsibility in Kiev. Giemulla’s written submission to the ECHR is that Kiev is now liable to pay compensation for the death of passenger Grootscholten. “The Ukrainian government was… obliged to close the airspace concerned. Contrary to its legal obligation, it has not blocked the airspace at cruising altitude. This caused, inter alia, the death of the father [Grootscholten] of the complainant [Kenke].” The actions of the Ukrainian government in not closing the airspace had been “intentional actions”, the court papers argue.