Piloting a civilian plane in a declared war zone like the Gulf was during the "tanker wars" is very foolish. And fools get hurt usually ... MH17 had no business being over Eastern Ukraine when there was an insurgent shooting war going on.

A pilot is responsible for the safety of his aircraft. If the flight controllers insisted; over the pilot's objections, that he fly over a "war zone" then the air-controllers should be criminally culpable in the deaths of 298 people.