Starmaker: Sure. But Vitaly Kaloyev didn't actually agree for the alleged killers to be tried under Swiss law. He had no moral requirement to agree to a Swiss court's decision, especially considering the process hadn't even fucking started.
Seriously, check the map and the timeline:
Vitaly Kaloev's family
lived in: Russia (not Switzerland)
was travelling to: Spain (not Switzerland)
via: Belgium (not Switzerland)
and: Italy (not Switzerland)
and the plane crashed in: Germany (not Switzerland) [in 2006, a German court concluded Germany had no right to outsource their airpace to a foreign private company]
2002: plane crashes
2003: nothing happens
2004: Kaloyev murders Nielsen
2005: Kaloyev is convicted of murder
2006: charges against Skyguide are filed
2007: verdict is announced; Kaloyev is released
Note that I'm in no way defending the Russian legal system. Today is exactly one year since my friend was murdered, and another friend was murdered this June. The murderers walked free. The Russian legal system is shit. But even though a strong case could be made for the ethical necessity for the citizens of a country to follow the laws of that country, to prevent the greater harm of vigilantism, you can't actually blame a person for not accepting the verdict of a foreign court they didn't in any way endorse.
I work for a law firm which deals with tourism. It fucking boggles the mind how tourists are willing to fry their asses in human-rights-abusing countries, then demand compensation for the injustices they suffered there. Yes, partially, travel agencies are to blame for downplaying the danger. But holy fuck, if you consciously travelled to a country where rape victims are sentenced to lashings for "adultery" and then get raped there, don't fucking say the law shouldn't apply to you just because you're
from another country.
TL;DR: I don't condone murder, and I'm all for social contract, and it was
really evil on part of Kaloyev to murder an overworked grunt when he should have blamed the top management of Skyguide. But contracts you didn't agree to, even by omission or proxy, don't apply. If Best Korea decides you are guilty of sharding purplz, you have the full moral right to give them the middle finger.
You are mixing two things, one is the Skyguide trial and the other is the murder of Nielsen by Kaloyev. My post was about the murder of Nielsen by Kaloyev and how Kaloyev got away with minimal punishment. The murder took place in Switzerland and is therefor subject to Swiss law so your listing of geographical and chronological details about the Skyguide case is besides the point as that is another case. Connected story, separate case.
If a country has retarded laws (e.g. punishing rape victims for "adultery"), then simply don't go there. Ignorance of laws is no excuse, even if the law itself is ignorant. If someone got forced to be in a country against their own will that's a more tricky situation but Kaloyev came to Switzerland entirely on his own initiative.
When people travel anywhere, they need to at least familiarize themselves with the basics. If you go to Thailand, don't insult the king. If you go to Singapore, don't throw chewing gum on the street. And so on.
People who support Kaloyev are every bit as uncivilized as Gaddafi who behaved like an angry child when his son Hannibal got arrested in Switzerland for physically abusing his staff.
More details here:
http://www.businessweek.com/stories/2008-07-25/gaddafi-sons-geneva-arrest-causes-crisis-with-libyabusinessweek-business-news-stock-market-and-financial-advice I can understand an individual's desire for revenge outside the law but when that sentiment is supported by officials as it was in the cases of Kaloyev and Hannibal Gaddafi, then that puts their respective places of origin in a bad light. Of course, the opinion of officials doesn't reflect the opinion of the populace, at least not in Gaddafi's case who had to bribe people to protest against Switzerland. Not so in Kaloyev's case who seemed to enjoy wide sympathy from Russians, at least in North Ossetia-Alania.
Kaloyev was made a minister which is adding insult to injury. How do you think Nielsen's innocent family feels about that? Kaloyev himself had to experience how insult to injury feels like when he didn't get (subjectively satisfactory) justice for his own family's death so to put that burden on other people is a testimony of incredibly weak character. Not "badass", as many of his supporters from his homeland thought - proof being that they appointed him a minister.