Canada, the United Kingdom, Sweden and Ukraine on Monday jointly initiated dispute settlement proceedings before the International Civil Aviation Organization (ICAO) against the Islamic Republic of Iran over allegations of the use of weapons against passenger flight PS752. These countries already submitted joint application Initiation of proceedings against Iran before the International Court of Justice (ICJ) on the grounds that Iran is violating its obligations under the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (also known as the “Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation”) violated Montreal Convention).
The Ukraine International Airlines flight was shot down in January 2020, just minutes after takeoff from Tehran's IKA airport, killing all passengers and crew on board. While initially denying responsibility, Iran's Islamic Revolutionary Guard Corps eventually acknowledged that the flight was shot down by its missiles, but the exact details remain unknown.
In April 2023, ten members of the Iranian armed forces were charged and convicted over the downing of the plane in a trial marked by a lack of transparency and described by Human Rights Watch as a “sham.” Iran did not provide any information about the investigation or provide evidence to authorities in the victim's home country. Human rights organizations also condemned Iran for arbitrary detention, interrogation, torture and other ill-treatment against victims' family members.
The Coordination and Response Group (CRG) was formed from the four nations whose citizens made up the majority of passengers on board the flight. They want to hold Iran accountable for using weapons against a flying civilian aircraft in violation of its international legal obligations under Article 3bis of the Convention on International Civil Aviation. The article ensures that states “must refrain from using weapons against civilian aircraft in flight and that, in the event of an interception, the lives of persons on board and the safety of aircraft must not be endangered.”
In the joint statement, the CRG said Iran was not ready to enter into negotiations or accept full legal responsibility for shooting down the flight. They are now initiating proceedings in the hope that the ICAO claim, “along with our continued pursuit of justice at the International Court of Justice, can lead to real change and prevent similar tragic losses in the future. Justice will prevail.”