THE HAGUE: Four Western allies—Canada, Britain, Sweden, and Ukraine—have filed a case against Iran at the International Court of Justice (ICJ) seeking damages for the families of the passengers aboard the Ukraine International Airlines flight 752 that was shot down by Tehran in 2020.
The lawsuit, lodged by the four countries whose citizens were among the victims, calls on the ICJ to demand an apology from Iran for the downing of the Boeing 737-800 jetliner shortly after takeoff from Tehran. The tragic incident claimed the lives of all 176 people on board. Three days after the crash, Iran admitted that its military had mistakenly targeted the aircraft bound for Kyiv.
The ICJ released a statement confirming that the four nations “claim that Iran has violated several obligations” under a convention on civil aviation by shooting down the plane. Their joint filing accuses Iran of breaching a 1971 multilateral treaty on threats to civil aviation, and states that attempts to resolve the matter through binding arbitration with Iran were unsuccessful.
Charges Against Iran
The countries are urging the court to “order full reparation for all injury caused” and compel Iran to provide “full compensation to the applicants for the material and moral damages suffered by the victims and their families.” They also demand that Iran return the victims’ belongings, issue a public apology, and acknowledge its internationally wrongful acts.
Last month, Ottawa, London, Stockholm, and Kyiv announced their intention to bring the case to the ICJ, an international court established after World War II to settle disputes between UN member states.
In a joint statement, ministers from the four countries expressed that they have taken an important step in holding Iran accountable for the downing of flight PS752. They emphasized their commitment to transparency, justice, and accountability for the victims’ families.
In a countermove, Iran filled a case against Canada at the International Court of Justice in June, accusing the country of allowing victims of alleged terrorist attacks to seek damages from Iran. Iran’s case argues that Ottawa, which designated Iran as a sponsor of terrorism in 2012, violated state immunity of Iran. The application references a 2022 Canadian court ruling that awarded over $80 million in compensation to the families of six individuals who died in the downing of the Ukrainian airliner. Among the victims were 85 Canadian citizens and permanent residents, while Ukraine lost 11 of its citizens.
In April, Iran convicted and jailed ten members of its armed forces for their involvement in the downing of the Boeing, according to the Iranian judiciary’s Mizan Online website. In 2020, Iran offered to pay “$150,000 or the equivalent in euros” to each of the victims’ families. However, Ukrainian and Canadian officials criticized the announcement, emphasizing that compensation should not be unilaterally determined.
