Canada, the United Kingdom, Sweden, and Ukraine collectively initiated dispute settlement proceedings on Monday against the Islamic Republic of Iran before the International Civil Aviation Organization (ICAO). Their claim centers on the alleged use of weapons against passenger flight PS752. Notably, the four nations had previously filed a joint application before the International Court of Justice (ICJ), asserting that Iran had violated its obligations under the Montreal Convention.
The Ukraine International Airlines flight was shot down in January 2020, just minutes after takeoff from the Tehran airport. The catastrophic event resulted in the death of all passengers and crew on board. Iran’s Islamic Revolutionary Guard Corps admitted to downing the flight with its missiles after initially denying any culpability. However, the details surrounding this event remain uncertain.
In a trial held in April 2023, marked by a lack of transparency and dubbed a “sham” by Human Rights Watch, ten members of the Iranian armed forces were charged and convicted for their role in the plane’s downing. Iran has reportedly failed to provide comprehensive information about the case or present substantial evidence to the victim’s home countries’ authorities. Various human rights organizations have further accused Iran of engaging in arbitrary detention, torture, and other maltreatment of the victims’ family members.
The four countries formed the Coordination and Response Group (CRG), with the collectively affected nations representing the majority of passengers on board the ill-fated flight. They are seeking to hold Iran liable for violating its international legal obligations under Article 3bis of the Convention on International Civil Aviation. The provision stipulates that nations should refrain from resorting to the use of weapons against civil aircraft in flight, ensuring passenger safety and the preservation of aircraft.
According to their joint statement, the CRG asserts that Iran has been unwilling to engage in negotiations or claim full legal responsibility for the incident. However, they hope their new proceedings at the ICAO, in conjunction with their ongoing pursuit at the ICJ, can incite change and prevent a recurrence of similar tragedies.