By Ken Perrott 20/01/2016

Despite claims of proof made by politicians like David Cameron, Barack Obama and Tony Abbott after the downing of flight MH17 in Ukraine in 2014 no intelligence agencies in their countries ever provided any evidence.

I find that surprising as these intelligence agencies were obviously monitoring the area and should have been able to give evidence to back up the claims. In fact, rumours suggested the intelligence evidence didn’t back up the claims.

I am forced to conclude the claims owe more to politics, in particular, the geopolitical struggle, than they do to facts.

Perhaps it is in their (and their political masters) nature that intelligence agencies may not be forthcoming on this issue. But I recently came across a largely unpublicised  report which I think does give some idea of what the intelligence community did know at the time. The Review Report arising from the crash of flight MH17 was prepared by the Dutch Review Committee on the Intelligence Services specifically to answer questions from the Dutch government on what the intelligence community knew, and what they could have done to avert the disaster.

The review covers the role and knowledge of the Netherlands’ Military Intelligence and Security Service (MIVD) and the General Intelligence and Security Service of the Netherlands (AIVD).

No, it doesn’t give the intricate details. But it does summarise their knowledge at the time – a knowledge which was informed by material from allied intelligence agencies (The Netherlands is part of NATO) and which they would have passed on to those agencies. As such, I think it provides a valuable insight into what was known – an insight enabling us to judge the claims being made by the politicians at the time. Perhaps an insight helping us to decide for ourselves which party was likely responsible for the downing of the plane, and hence the killing of 283 passengers and 15 crew.

Possible culprits

The report says:

“there were three relevant actors with military capacities in the period prior to the crash:
• Russian armed forces
• Ukrainian armed forces and
• Pro-Russian separatists.”

I have made this point repeatedly in the discussion we have had on the issue here – also saying I did not commit to any conviction that either of these parties had yet been shown to be the real culprit.

However, I now think  the intelligence community probably rules out the “Pro-Russian separatists.” The report says that neither of these parties had the intention to destroy a civil aircraft and only the Russian and Ukrainian armed forces had the weapons required. It concluded:

“Prior to the crash of flight MH17, the AIVD and the MIVD possessed the following information regarding the security situation in Eastern Ukraine that was relevant for assessing a threat to civil aircraft flying over the area:
• The Russian and the Ukrainian armed forces did have the capacity and potential to hit a civil aircraft at cruising altitude. However, they did not have the intention. There were no indications that they were engaged in activities (such as preparations) targeting civil aviation.
• There were no indications that the Separatists had the capacity to hit civil air traffic at cruising altitude. Moreover, there were no indications that they would target civil air traffic or that they were engaged in activities with this objective in mind.”

What capabilities did the “pro-Russian separatists” have?

The report concluded:

“Even though there was information pointing to the fact that the Separatists had been supplied with heavy weapons by the Russian Federation, there were no indications that these were powerful anti-aircraft systems.”

Politicians may debate that. After all, the Ukrainian Armed forces were shelling and bombing the separatist cities and villages and the separatist armed forces were certainly shooting Ukrainian planes out of the sky. But it was the very fact that separatists had been successfully shooting down those planes (particularly an An-26 military cargo plane on July 14 (3 days before flight MH17 was hit) that led intelligence forces to look closely at their capabilities. Here’s how the report describes this:

“On 14 July 2014, an An-26 military cargo aeroplane (referred to hereafter as: the Antonov), belonging to the Ukrainian airforce, was shot down. The Ukrainian authorities reported the event the same day in a briefing with Ukraine’s presidential administration in Kiev. The MIVD also received a concise report of the briefing from the Dutch Defence attaché. The report revealed that the Ukrainian Minister of Foreign Affairs, Klimkin, declared that the situation in the east had reached a new and dangerous phase because the Russian Federation was now openly providing the Separatists with military support. As an example of the escalation, Klimkin cited the Antonov’s being shot down in the area of Lugansk. Klimkin reported that the Antonov was flying at an altitude of 6,200 metres and could only have been hit with Russian equipment, because the Separatists did not possess this kind of anti-aircraft systems.
According to a media report on 14 July 2014 (which the MIVD possessed), the Ukrainian authorities stated that the aeroplane was flying at 6,500 metres and was not shot down by a portable anti-aircraft system but by a more powerful system. This was probably carried out from Russian territory. In the media, the Separatists claimed that they had shot down the aeroplane and taken some of the crew prisoner.”

So, spokesman for the Kiev regime were claiming (although probably didn’t really believe) that the Russian armed forces had directly entered the fray. Perhaps they were implying the Russians were effectively setting up a “no-fly zone” for Ukrainian military planes. At any rate, the possibility of direct involvement of Russian armed forces would explain the presence of Ukrainian anti-aircraft weapons in the area despite the separatists not using aeroplanes.

The intelligence community appears to reject claims of direct Russian involvement:

“If the Antonov had indeed been shot down by, or even from, the Russian Federation, this would have been a game changer. Direct Russian participation in the conflict would have become a fact.

That is why the MIVD immediately launched an investigation into the incident. In the morning of 17 July 2014, the MIVD communicated the results of this investigation in its daily intelligence summary (‘dagintsum’), which had a number of users, including the NCTV and the AIVD.”

This intelligence assessment was communicated on the very day Flight MH17 was shot down.

“The MIVD assessed it to be unlikely that the Antonov had been shot down by a powerful anti-aircraft system (separate from the question whether this had been carried out from Russian territory). From pictures of the wreckage and eyewitness accounts it was clear that the aeroplane’s right-hand engine had been hit and that 5 to 6 parachutes had subsequently appeared. The Antonov had allegedly crashed only then. On this basis, the MIVD concluded that the appearance of the damage was not consistent with a hit by a powerful anti-aircraft system. The aeroplane would in that case probably have been destroyed in the air.

The crew would probably not have survived if this had been the case. According to the MIVD, the wreckage and the eyewitnesses supported the fact that the aircraft was shot out of the air by a MANPADS from Ukrainian territory. This would only have been possible if the Antonov were flying substantially lower than 6,200 or 6,500 metres. Another possibility was that a short-range, vehicleborne anti-aircraft system”

And apparently the Ukrainian authorities, at least in their public statements, also did not believe that separatist armed forces had the capability of shooting down a civil airliner. I need to give the qualification because Ukrainian authorities are well known for providing inaccurate information for political purposes. It is likely they well knew the Antonov was not flying at the height they claim but wished to implicate the Russian federation.

What about the Buk missiles?

Although not completely ruling out an air-to-air missile the Final report of the Dutch safety board determined that MH17 was most probably hit by a missile from a Buk system (see MH17: Final technical report).  But this review concluded that separatists just did not have such a weapon:

“The AIVD was aware that the Separatists, in addition to a broad range of artillery (eg machine guns), light anti-aircraft artillery (e.g. rocket launchers), anti-tank weapons and tanks, also possessed MANPADS and possibly short-range vehicle-borne anti-aircraft systems. Both types of systems are considered surface-to-air missiles (SAMs). Due to their limited range, the aforementioned weapons do not constitute a danger to civil aviation at cruising altitude.

“On 16 July [the day before MH17 crashed], the AIVD received a report from a reliable source that stated that there was no information that indicated that the Separatists possessed a medium-range SAM system. This comment was made in view of the circumstances related to the Ukrainian armed forces’ Antonov being shot down on 14 July 2014 in Eastern Ukraine.”

“The AIVD did not have any information that indicated that the Separatists possessed an operational, powerful anti-aircraft system such as a Buk system, also called an SA-11, prior to the crash of flight MH17.”

But what about a Buk system the separatists had captured from the Ukrainian armed forces?:

“On 29 June 2014, the Separatists captured a Ukrainian armed forces military base in Donetsk. At this base, there were Buk missile systems. These are powerful anti-aircraft systems. This development was reported extensively in the media prior to the crash. The MIVD also received intelligence information on the subject, on 30 June and 3 July 2014 as well as on other dates. During the course of July, several reliable sources indicated that the systems that were at the military base were not operational. Therefore, they could not be used by the Separatists.”

I had always considered the separatists could have been the culprit because of the availability of a captured Buk system but the intelligence community seems to have confidently ruled out that possibility.

What about a Russian Buk system?

Some motivated sources have promoted on social media a story that flight MH17 was shot down by a Russian Buk system specifically brought into eastern Ukraine for the job and removed directly after the crash. Of course, investigators must look into such stories but there does not appear to be any intelligence evidence to back them up.The review describes the relevant tasks of the Dutch intelligence bodies as investigation focused of the Russian Federation and the possible risk of an incursion into Eastern Ukraine (MIVD) and investigation of the politico-strategic aspect of the conflict in Eastern Ukraine and on the Russian Federation’s political influence on Ukraine.

The review describes the relevant tasks of the Dutch intelligence bodies as investigation focused of the Russian Federation and the possible risk of an incursion into Eastern Ukraine (MIVD) and investigation of the politico-strategic aspect of the conflict in Eastern Ukraine and on the Russian Federation’s political influence on Ukraine (AIVD).

Given the size of the Buk systems and the associated vehicles, it is hardly likely intelligence forces could have missed the movement of such a system in and out of eastern Ukraine, crossing the international border in two directions.

My conclusions

This may be the only direct public information about intelligence assessments of the situation in eastern Ukraine at the time of the MH17 crash the public will ever see. It is not detailed but is meant as a reliable summary for governments. And given the degree of cooperation and exchange of information among western intelligence agencies, I think it is probably an indication of the conclusions from all these agencies, not just the Dutch.

Intelligence agencies in the Russian Federation may have different or alternative information. Some, but probably not all, of this has already been released by the Russian government.

In the past, I had considered that it was highly probable Flight MH17 was accidentally shot down by separatist forces using a captured MH17 system and operators who had defected from the Ukrainian armed forces. But I now think that scenario is very unlikely. I had also thought that it was equally probable that the culprits were a unit of the Ukrainian armed forces making a mistake during a training exercise with a Buk system. I thought a scenario involving armed forces of the Russian Federation was far less likely.

Currently, I think the most likely scenario is that MH17 was mistakenly shot down by a unit of the Ukrainian armed forces – maybe in a training exercise or in an act of defense. While there is no evidence of direct involvement by air forces of the Russian Federation it is very likely that story was believed by forces on the ground, if not the politicians in Kiev promoting the story. Fear of a Russian aerial attack would also have been promoted by a series of losses of Ukrainian aircraft in the days before the MH17 crash – especially as the authorities in Kiev were claiming these could only have been shot down by Russian forces.