On 5 July 2017 the JIT countries decided that any prosecution and trial of suspects would be conducted by and in the Netherlands, under Dutch law.

Two days later, the Netherlands en Ukraine concluded an agreement to enable the prosecution and trial in the Netherlands.

The JIT countries also decided that if prosecution took place, the Dutch Public Prosecution Service would present the case before The Hague district court. The Minister of Justice and Security decided that the trial would take place at Justice Complex Schiphol in Badhoevedorp. The location was designated at an early stage so that proceedings could begin as soon as possible once the decision was made to prosecute the suspects.