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Ukraine, Canada, Sweden and Britain filed a lawsuit against Iran over the downing of the UIA flight

Author:
Anhelina Sheremet
Date:

Canada, Sweden, Ukraine and the United Kingdom submitted a joint application to the International Court of Justice to initiate a case against Iran over the downing of flight PS752.

The court informed about this on July 5, and the lawsuit was filed on July 4.

In its statement, the countries claim that Iran violated a number of obligations under the Montreal Convention

Convention on the unification of certain rules of international air transportation. According to it, air carriers are liable for proven damage in the amount of up to $175 000. If the damage is greater, the airline can avoid liability by proving that the accident that caused the injury or death was not caused by its negligence or was solely the negligence of a third party.
The Convention does not establish separate compensation for non-pecuniary damage if it is not related to physical injury.
when on January 8, 2020, the military of the Islamic Revolutionary Guard Corps shot down a civilian plane of Ukraine International Airlines (flight PS752). The plane crash killed all 9 crew members and 167 passengers, many of whom were citizens and residents of the claimant states.

According to the applicants, Iran "failed to take all practicable measures to prevent the illegal and intentional commission of the crime" — the downing of the plane. Subsequently, Iran also failed to conduct an impartial, transparent and fair criminal investigation and prosecution in accordance with international law.

The International Court of Justice is the main judicial body of the United Nations, located in The Hague. The court examines disputes that are referred to it by states. Its decisions are binding and not subject to appeal. The court can also provide advisory opinions on legal issues that are submitted to it by authorized bodies and institutions of the United Nations system.

  • On January 8, 2020, UIA passenger flight PS752 was shot down by two anti-aircraft missiles in Tehran, the capital of Iran. All 176 people on board, including 57 Canadian citizens, died. Within days, Iran admitted that its forces accidentally shot down the plane.
  • On April 16, 2023, the court of Iran announced the sentences of ten military personnel.