Canada, Sweden, Ukraine and the United Kingdom (UK) filed a joint application Tuesday instituting proceedings against the Islamic Republic of Iran before the International Court of Justice (ICJ) claiming that Iran has violated its obligations under the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (otherwise known as the Montreal Convention) as a result of Iran’s involvement in the shooting down of a civilian aircraft over Ukraine on January 8, 2020.
Ukraine International Airlines Flight PS752 was shot down by military personnel of Iran’s Islamic Revolutionary Guard Corps, with all 176 passengers and crew aboard the flight, many of whom were nationals and residents of the applicant states, killed in the crash.
The applicants stated that Iran “failed to take all practicable measures to prevent the unlawful and intentional commission of an offence described in Article 1 of the Montreal Convention, including the destruction of Flight PS752,” and “subsequently failed to conduct an impartial, transparent, and fair criminal investigation and prosecution consistent with international law.”
Minister of State Lord Tariq of Wimbledon commented on the application, saying, “We are committed to pursuing justice for the victims and their families.”
The International Coordination and Response Group for the victims of Flight PS752, made up of the applicant states, said in a joint statement:
We, ministers representing Canada, Sweden, Ukraine and the United Kingdom, have taken an important step in our collective effort to ensure Iran is held accountable for the unlawful downing of Ukraine International Airlines Flight 752 (Flight PS752)…As we have reiterated on multiple occasions, Iran’s actions and omissions in relation to the downing of Flight PS752 by 2 surface-to-air missiles launched by members of Iran’s Islamic Revolutionary Guard Corps Aerospace Force amount to violations of Iran’s international legal obligations, for which Iran must take full responsibility.
The applicant states are seeking the ICJ’s jurisdiction under Article 36, paragraph 1, of the Statute of the Court and Article 14, paragraph 1, of the Montreal Convention, to which all four Applicants and Iran are parties.
