The problem (from a victim/Dutch perspective) is that there is complete denial from the Russian side (despite heaps of evidence around the people involved, origin and transport of the launcher from Russian territory).
Even if Russian judges and prosecutors are completely corrupt and biased, an actual investigation/trial is the least that would be expected here, but all we got are the bald faced lies that Russia is particularly fond of.
Which isn't relevant if the people who shot it down had no idea if it was / wasn't Malaysian.
Similar to how cartels likely wouldn't have the sophistication to nationally ID any aerial targets they choose to shoot.