A fake trial will ensue and rebels will not be tried under Malaysian statutes, Malaysia's former Law Minister Nazri Abdul Aziz said.
Abdul Aziz said that if Malaysian authorities insist of having MH17 trial in Malaysia, a fake trial will ensue and rebels will not be tried under Malaysian laws.
He explained that it was impossible for the rebels to attend trials in Malaysia and if "we can't bring the rebels (who shot down MH17) here (to Malaysia) to be tried, and if they are not here to be tried, then it would just be a fake trial," Abdul Aziz said as quoted by Malaysiakini.
He thinks that the best recourse for Malaysia is to seek trial at the International Criminal Court (ICC).
Abdul Aziz is also the chairperson of the Malaysian chapter for Parliamentarians for Global Action based in New York. The group is lobbying for countries to be state members to the ICC through ratifying the Rome Statute.
He is calling for Malaysia to pursue the ratification process.
"We can still do it next month or next year. We used to think that it was not very important to become a member of the ICC as our country is not at war with anyone. But look what has happened now? Our plane was shot down by rebels at the Ukraine-Russian border. We have 44 Malaysians on that flight, and most importantly, it is our airplane!" Abdul Aziz lamented.
Abdul Aziz's comment came after Minister in the Prime Minister's Department Nancy Shukri was quoted saying that although Malaysia is not an ICC member, trial for MH17 can still happen in the country. She said that Malaysia has provisions that can be applied to MH17.
Meanwhile, clashes between the Ukrainian forces and rebels continue on Donetsk near the crash site of MH17.
Shellings were reportedly terrifying as explosions destroyed one district in Donetsk.
According to statements from Ukraine's military government, clashes between the Ukrainian forces and rebels had happened 26 times within a 24-hour period. Fighter jets target areas where rebels and weaponries were positioned.
An emergency meeting was called by Russia as it call for more humanitarian aid to be sent into Ukraine.
During the meeting, Australia's ambassador to the United Nations, Gary Quinlan, raised that investigators were still being prevented from accessing the crash site of the downed MH17.
"Although we had cooperation today of Ukraine authorities, armed separatists today restricted access to several areas of the crash site, hampering the investigation and recovery of remains and personal effects," Quinlan said.