An International Coordination and Response Group (ICRG) comprised of ministers from Canada, Sweden, Ukraine, and the United Kingdom has filed a joint application with the International Court of Justice against Iran over the downing of Flight PS752.
The downing of Flight PS752 on January 2020 resulted in the loss of 176 lives, including 57 Canadians. The Ukraine International Airlines jetliner, bound for Canada via Ukraine, was shot down shortly after taking off from Tehran, the capital city of Iran. The incident drew international outrage and demands for a thorough investigation into the circumstances surrounding the tragedy.
“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 ICRG said in
a statement issued on July 5.
“Today’s legal action reflects our unwavering commitment to achieving transparency, justice and accountability for the families of the victims.”
The application filed at The Hague highlights several specific violations committed by Iran, including its failure to take all practicable measures to prevent the destruction of Flight PS752 by members of its armed forces. Additionally, Iran has been accused of failing to conduct a comprehensive, transparent, and impartial criminal investigation and prosecution in accordance with international standards.
The ICRG, which provides legal support to the families of the victims of PS752 to pursue accountability and full reparation from Iran, said the move is pursuant to Iran’s failure to respond to its request for arbitration sent on Dec. 28, 2022. The group accused Iran of breaching the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, also known as the
Montreal Convention of 1971.
The Convention, which includes Iran as a contracting state, requires member states to prohibit, prevent, and punish certain offences against civil aviation, including the unlawful and intentional destruction of an aircraft in service. Under the Convention, contracting states also have international legal obligations to prosecute or extradite individuals within their territory who are accused of committing such an offence against civil aviation.
On Jan. 8, 2023, which marked the third anniversary of the tragedy, Prime Minister Justin Trudeau reaffirmed a commitment to seek justice for the victims of Flight PS752. He also condemned the Iranian regime’s “heinous disregard for human life” during
a remembrance event held in North Toronto.
